McManus v. Nova Scotia (Attorney General)
The trial judge made clear findings that the auction was conducted with bids subject to receiver approval and that the appellant understood those terms; those findings were not shown to be erroneous, so the Court of Appeal dismissed the appeal.
Source-derived case information.
- Citation
- 1996 NSCA 226
- Parties
- Appellant: Blaise McManus; Respondent: The Attorney General of Nova Scotia representing Her Majesty the Queen in right of the Province of Nova Scotia; Respondent: Thorne Riddell Inc. (and successors Thorne Ernst & Whinney Inc. and Peat Marwick Thorne Inc.)
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 December 1996
- Procedural Posture
- Civil Appeal / Appeal Heard and Judgment Delivered (nova Scotia Court of Appeal)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Sale by Auction, Subject to Approval Condition, Auctioneer Announcements, Receivership Sales
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Blaise McManus
Appellant
The Attorney General of Nova Scotia representing Her Majesty the Queen in right of the Province of Nova Scotia
Respondent
Thorne Riddell Inc. (and successors Thorne Ernst & Whinney Inc. and Peat Marwick Thorne Inc.)
Respondent
Procedural Posture
Civil Appeal / Appeal Heard and Judgment Delivered (nova Scotia Court of Appeal)
Legal Issues
- 1 Whether bids made subject to the receiver's approval are inconsistent with the basic requirements of a sale by auction
- 2 Whether the appellant understood the terms on which his bid was received
- 3 Whether the trial judge erred in law or in his assessment of the facts
Ratio Decidendi
The trial judge made clear findings that the auction was conducted with bids subject to receiver approval and that the appellant understood those terms; those findings were not shown to be erroneous, so the Court of Appeal dismissed the appeal.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Costs to respondents fixed at forty per cent of the costs at trial, plus disbursements
Full Case Text
Judgment text and source record
1 paragraphs
McManus v. Nova Scotia (Attorney General) Court Court of Appeal Date 1996-12-11 Citation 1996 NSCA 226 Docket CA 128628 Judge/Registrar/Adjudicator Bateman, Nancy J. (Honourable Justice) (CA); Freeman, Gerald B. (Honourable Justice) (CA); Roscoe, Elizabeth A. (Honourable Justice) (CA) Document Type Decision Decision Content C.A. No. 128628 NOVA SCOTIA COURT OF APPEAL Cite as: McManus v. Nova Scotia (Attorney General), 1996 NSCA 226 Freeman, Roscoe and Bateman, JJ.A. BETWEEN: BLAISE MCMANUS ) ) Kenzie MacKinnon ) for the Appellant Appellant ) ) - and - ) ) Fern M. Greening ) Lynn Carey ) for the Respondents THE ATTORNEY GENERAL OF NOVA ) SCOTIA representing Her Majesty the ) Queen in right of the Province of Nova ) Scotia, ) ) THORNE RIDDELL INC. and its successors, ) THORNE ERNST & WHINNEY INC. ) and PEAT MARWICK THORNE INC., ) bodies corporate ) ) ) Respondents ) Appeal Heard: ) December 11, 1996 ) ) ) Judgment Delivered: ) December 11, 1996 ) ) THE COURT: Appeal dismissed with costs per oral reasons for judgment of Freeman, J.A., Roscoe and Bateman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: FREEMAN, J.A.: This is an appeal from a decision of Associate Chief Justice Palmeter of the Supreme Court of Nova Scotia who dismissed claims by the appellant against the respondents resulting from an unsuccessful bid by the appellant to buy two marine slipways at an auction. The auctioneer had announced he would take bids on the slipways subject to the approval of the receiver for whom he was selling the goods of an insolvent shipyard. The receiver did not approve the appellant's bid. Palmeter A.C.J. found the appellant understood the terms on which his bid was received. The appellant argued that this manner of conducting the sale was inconsistent with the basic requirements of a sale by auction. Palmeter A.C.J. reviewed the law and made clear findings of fact. His comprehensive decision is reported in 144 N.S.R. (2d) 182. We have considered the arguments made on behalf of the appellant and we have not been persuaded that the trial judge erred in law nor in his assessment of the facts. We dismiss the appeal with costs which we fix at forty per cent of the costs at trial, plus disbursements. Freeman, J.A. Concurred in: Roscoe, J.A. Bateman, J.A. C.A.128628 NOVA SCOTIA COURT OF APPEAL BETWEEN: BLAISE MCMANUS ) Appellant ) - and - ) REASONS ) FOR ) JUDGMENT ) BY: THE ATTORNEY GENERAL OF ) NOVA SCOTIA, representing Her ) Majesty the Queen in right of the ) Province of Nova Scotia ) ) THORNE RIDDELL INC. and its ) successors, THORNE ERNST & ) WHINNEY INC. and PEAT MARWICK ) THORNE INC., bodies corporate ) ) FREEMAN, ) J.A. Respondents ) ) ) ) ) ) )