Miles v. Tan

Miles v. Tan

Material issues of fact exist concerning the applicants' knowledge of the oil spill, the condition of the basement and related facts; credibility disputes arising from affidavit denials cannot be resolved on summary judgment, therefore the motion is denied and the matter must proceed to trial.

Citation
2012 NSSC 322
Parties
Plaintiff/respondent: Matthew Miles; Plaintiff/respondent: Trisha Lea Miles; Defendant/applicant: Kok-Keong Tan; Defendant/applicant: Sam Mooi Tan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 July 2012
Procedural Posture
Civil Property Disclosure / Misrepresentation / Summary Judgment Motion Decision Denying Motion
Outcome
Motion for summary judgment denied; matter to proceed to trial; costs to follow the cause.
Legal Topics
Misrepresentation, Property Disclosure Statements, Summary Judgment, Credibility, Contamination/oil Spill
Source Language
English
Property Law Contract Law Civil Procedure Tort Law Evidence Misrepresentation Property Disclosure Statements Summary Judgment +2 more

Case Brief

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Parties

Matthew Miles

Plaintiff/respondent

Trisha Lea Miles

Plaintiff/respondent

Kok-Keong Tan

Defendant/applicant

Sam Mooi Tan

Defendant/applicant

Procedural Posture

Civil Property Disclosure / Misrepresentation / Summary Judgment Motion Decision Denying Motion

Legal Issues

  1. 1 Whether the applicants misrepresented the condition of the house in a property disclosure statement
  2. 2 Whether the applicants had knowledge of an oil spill prior to sale
  3. 3 Whether there are genuine issues of material fact precluding summary judgment

Ratio Decidendi

Material issues of fact exist concerning the applicants' knowledge of the oil spill, the condition of the basement and related facts; credibility disputes arising from affidavit denials cannot be resolved on summary judgment, therefore the motion is denied and the matter must proceed to trial.

Court Disposition

Motion for summary judgment denied; matter to proceed to trial; costs to follow the cause.

Orders

  • Summary judgment motion denied
  • Proceed to trial on disputed issues of fact