Jeffrie v. Hendriksen

Jeffrie v. Hendriksen

The appeal is dismissed; the trial judge did not err in his assessment of damages, his exercise of discretion regarding late submissions and extensions, or in awarding pre-judgment interest; on cross-appeal the judge erred in making Inland Marine jointly and severally liable for costs and the costs allocation is varied so that Mr. Hendriksen alone is liable for the initial hearing costs and Mr. Hendriksen and Three Ports are jointly liable only for the $6,000 portion relating to the later hearings.

Citation
2018 NSCA 77
Parties
Appellant; Respondent on Cross Appeal: Roderick Jeffrie; Respondent; Appellant on Cross Appeal: Anthony Hendriksen; Respondent; Appellant on Cross Appeal: Inland Marine Services Limited; Respondent; Appellant on Cross Appeal: Three Ports Fisheries Limited
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
20 September 2018
Procedural Posture
Civil Appeal (specific Performance/damages and Costs) / Appeal and Cross Appeal Heard at Court of Appeal; Judgment Rendered
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Specific Performance, Assessment of Damages, Pre Judgment Interest, Costs and Disbursements, Joint and Several Liability, Case Management and Adjournments
Source Language
English
Contract Law Equity Civil Procedure Remedies Costs Law Specific Performance Assessment of Damages Pre Judgment Interest +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Roderick Jeffrie

Appellant; Respondent on Cross Appeal

Anthony Hendriksen

Respondent; Appellant on Cross Appeal

Inland Marine Services Limited

Respondent; Appellant on Cross Appeal

Three Ports Fisheries Limited

Respondent; Appellant on Cross Appeal

Procedural Posture

Civil Appeal (specific Performance/damages and Costs) / Appeal and Cross Appeal Heard at Court of Appeal; Judgment Rendered

Legal Issues

  1. 1 Whether trial judge erred in assessing damages for delay and consequential losses
  2. 2 Whether trial judge should have amended specific performance order to make corporate respondents jointly liable for purchase price
  3. 3 Whether appellant was denied opportunity to prove loss of business opportunity

Ratio Decidendi

The appeal is dismissed; the trial judge did not err in his assessment of damages, his exercise of discretion regarding late submissions and extensions, or in awarding pre-judgment interest; on cross-appeal the judge erred in making Inland Marine jointly and severally liable for costs and the costs allocation is varied so that Mr. Hendriksen alone is liable for the initial hearing costs and Mr. Hendriksen and Three Ports are jointly liable only for the $6,000 portion relating to the later hearings.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • Appeal dismissed
  • Cross-appeal allowed in part