Little Island Fisheries Ltd. v. Royal Harbour Seafoods Inc.

Little Island Fisheries Ltd. v. Royal Harbour Seafoods Inc.

Material facts were undisputed and established Royal Harbour purchased product supported by its purchase orders, took and sold Little Island inventory, and agreed to pay operating expenses; contractual payment terms (net 30) and admissions by Royal Harbour's principal meant no genuine issue for trial existed on the quantified debt; Royal Harbour failed to show a real chance of success on defences or an arguable set-off and was disentitled to equitable set-off due to its conduct; accordingly partial summary judgment was granted for the net amount owing and trust funds were ordered applied to satisfy the judgment.

Citation
2009 NSSC 301
Parties
Plaintiff/moving Party: Little Island Fisheries Limited et al; Defendant/respondent: Royal Harbour Seafoods Inc.; Royal Harbour Seafoods LP; Royal Harbour Seafoods General Partner Inc.; Joel Comeau; Howard d'Entremont; Third Party: Derek d'Entremont; Third Party: Michael d'Entremont; Third Party: Arnold d'Entremont; Third Party: Roseanne Fiorello; Third Party: Gilbert d'Entremont; Third Party: Nova’s Finest Fisheries Inc.; Third Party: Charlesville Fisheries Ltd.; Third Party: Inshore Fisheries Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 November 2009
Procedural Posture
Civil Commercial Dispute (contract, Injunction, Accounting) / Decision on Motion for Partial Summary Judgment
Outcome
Motion for partial summary judgment granted.
Legal Topics
Summary Judgment, Breach of Contract, Conversion, Estoppel, Set Off, Specific Performance, Injunction, Accounting, Unjust Enrichment, Corporate Veil
Source Language
English
Contract Equity Civil Procedure Commercial Law Injunctions Summary Judgment Breach of Contract Conversion +7 more

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Parties

Little Island Fisheries Limited et al

Plaintiff/moving Party

Royal Harbour Seafoods Inc.; Royal Harbour Seafoods LP; Royal Harbour Seafoods General Partner Inc.; Joel Comeau; Howard d'Entremont

Defendant/respondent

Derek d'Entremont

Third Party

Michael d'Entremont

Third Party

Arnold d'Entremont

Third Party

Roseanne Fiorello

Third Party

Gilbert d'Entremont

Third Party

Nova’s Finest Fisheries Inc.

Third Party

Charlesville Fisheries Ltd.

Third Party

Inshore Fisheries Limited

Third Party

Procedural Posture

Civil Commercial Dispute (contract, Injunction, Accounting) / Decision on Motion for Partial Summary Judgment

Legal Issues

  1. 1 Whether there was a liquidated debt owed by Royal Harbour to Little Island arising from purchases, inventory taken and expenses incurred
  2. 2 Whether summary judgment was appropriate on undisputed facts
  3. 3 Whether Royal Harbour had a real chance of success on defences including payment conditional on closing, required reconciliation, accounting errors and need for records

Ratio Decidendi

Material facts were undisputed and established Royal Harbour purchased product supported by its purchase orders, took and sold Little Island inventory, and agreed to pay operating expenses; contractual payment terms (net 30) and admissions by Royal Harbour's principal meant no genuine issue for trial existed on the quantified debt; Royal Harbour failed to show a real chance of success on defences or an arguable set-off and was disentitled to equitable set-off due to its conduct; accordingly partial summary judgment was granted for the net amount owing and trust funds were ordered applied to satisfy the judgment.

Court Disposition

Motion for partial summary judgment granted.

Orders

  • Judgment awarded to Little Island in the amount of $1,021,595.70 CAD.
  • Order that funds in Louis d'Entremont's trust account be used to satisfy the judgment.