Bell Aliant Regional Communications Inc. v. Cabletec Ltd.

Bell Aliant Regional Communications Inc. v. Cabletec Ltd.

The motion for summary judgment was dismissed because the plaintiff failed to show there was no genuine issue for trial: the defendant’s sworn evidence, supported by limited documentary material, raised conflicting evidence about alleged assurances and contract variation sufficient to require a trial rather than a credibility assessment on motion.

Citation
2011 NSSC 136
Parties
Plaintiff/applicant: Bell Aliant Regional Communications, Limited Partnership by its General Partner Bell Aliant Regional Communications Inc.; Defendant/respondent: Cabletec Limited; Defendant/respondent: J. Clair Callaghan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 April 2011
Procedural Posture
Commercial Contract; Debt; Guarantee; Counterclaim / Summary Judgment Motion (evidence)
Outcome
Motion for summary judgment dismissed; proceeding to trial on genuine issues
Legal Topics
Summary Judgment, Promissory Estoppel, Misrepresentation, Breach of Contract, Retroactivity, Counterclaim, Duress, Undue Influence, Costs
Source Language
English
Contract Law Civil Procedure Commercial Law Tort (misrepresentation) Suretyship/guarantee Administrative/regulatory Law Summary Judgment Promissory Estoppel +7 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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Bell Aliant Regional Communications, Limited Partnership by its General Partner Bell Aliant Regional Communications Inc.

Plaintiff/applicant

Cabletec Limited

Defendant/respondent

J. Clair Callaghan

Defendant/respondent

Procedural Posture

Commercial Contract; Debt; Guarantee; Counterclaim / Summary Judgment Motion (evidence)

Legal Issues

  1. 1 Whether the moving party has shown there is no genuine issue of material fact requiring trial
  2. 2 Whether the defendants have raised a genuine issue of material fact and a real chance of success to defeat summary judgment
  3. 3 Whether alleged assurances by plaintiff varied the written contract or give rise to promissory estoppel/detrimental reliance

Ratio Decidendi

The motion for summary judgment was dismissed because the plaintiff failed to show there was no genuine issue for trial: the defendant’s sworn evidence, supported by limited documentary material, raised conflicting evidence about alleged assurances and contract variation sufficient to require a trial rather than a credibility assessment on motion.

Court Disposition

Motion for summary judgment dismissed; proceeding to trial on genuine issues

Orders

  • Motion for summary judgment dismissed
  • Costs to follow the cause (preliminary view) with oral submissions to be scheduled if requested