Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 13.04

Chaulk Air Inc. v. Gencana Energy Solutions Inc., 2011 NSSC 422 (CanLII)
Rule 13.04 – Summary judgment on evidence
The plaintiff claimed the Mr. Sampson (an officer and shareholder of the defendant, Gencana) negligently misrepresented Gencana's ability to refurbish their vessel. Mr. Sampson moved for summary judgment on the evidence, and sought to have the personal claims against him dismissed. Held, motion granted in relation to some but not all of the claims. While the Rules require the responding party to put their best foot forward, this doesn't suggest a higher evidentiary burden. All that must be shown is some chance of success at trial. The representations made with respect to shipyard's capabilities are capable of succeeding. The plaintiff clearly says it relied on Mr. Sampson's advice and whether they did is a question of fact best left for trial.