Gillis v. New Glasgow (Town)

Gillis v. New Glasgow (Town)

The court granted summary judgment dismissing the plaintiffs' claim because any earlier alleged agreement was varied and superseded by the Amended Development Agreement and Agreement of Purchase and Sale executed July‑August 2005 and the plaintiffs, by continuing negotiations and accepting conveyance, were estopped from asserting inconsistent prior claims; the plaintiffs' negligence allegations related solely to pre‑variation events and therefore had no real chance of success after the parties' final agreements; the defendant proved conversion of the $6,500 deposit and was entitled to judgment on that counterclaim while the balance of the counterclaim for damages remained triable or...

Citation
2008 NSSC 46
Parties
Plaintiff: Allan M. Gillis; Plaintiff: AMG Development Incorporated; Defendant; Counterclaimant: Town of New Glasgow (a Municipal Corporation)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 February 2008
Procedural Posture
Civil: Contract and Tort (negligence) Involving Municipal Development Agreements / Interlocutory Summary Judgment Application (decision on Summary Judgment and Counterclaim)
Outcome
Plaintiffs' action dismissed on summary judgment; Defendant awarded judgment on counterclaim for $6,500; remainder of Defendant's counterclaim dismissed.
Legal Topics
Summary Judgment, Variation and Waiver of Contracts, Estoppel by Representation, Statute of Frauds, Development Agreements, Conversion of Deposit
Source Language
English
Contract Law Tort (negligence) Municipal Law Equity (estoppel) Civil Procedure Summary Judgment Variation and Waiver of Contracts Estoppel by Representation +3 more

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Parties

Allan M. Gillis

Plaintiff

AMG Development Incorporated

Plaintiff

Town of New Glasgow (a Municipal Corporation)

Defendant; Counterclaimant

Procedural Posture

Civil: Contract and Tort (negligence) Involving Municipal Development Agreements / Interlocutory Summary Judgment Application (decision on Summary Judgment and Counterclaim)

Legal Issues

  1. 1 Whether there was an enforceable agreement to convey the property prior to July 2005 or whether later agreements varied and superseded any prior agreement
  2. 2 Whether the plaintiffs are estopped from asserting breach of any earlier inconsistent agreement
  3. 3 Whether the plaintiffs' negligence claim based on pre‑2005 events survives the July‑August 2005 agreements

Ratio Decidendi

The court granted summary judgment dismissing the plaintiffs' claim because any earlier alleged agreement was varied and superseded by the Amended Development Agreement and Agreement of Purchase and Sale executed July‑August 2005 and the plaintiffs, by continuing negotiations and accepting conveyance, were estopped from asserting inconsistent prior claims; the plaintiffs' negligence allegations related solely to pre‑variation events and therefore had no real chance of success after the parties' final agreements; the defendant proved conversion of the $6,500 deposit and was entitled to judgment on that counterclaim while the balance of the counterclaim for damages remained triable or...

Court Disposition

Plaintiffs' action dismissed on summary judgment; Defendant awarded judgment on counterclaim for $6,500; remainder of Defendant's counterclaim dismissed.

Orders

  • Plaintiffs' claim dismissed.
  • Judgment for Defendant against Plaintiffs in the amount of $6,500.00 (deposit) on the counterclaim.