Barthe v. National Bank Financial Ltd.

Barthe v. National Bank Financial Ltd.

The summary judgment motion by Lutz Ristow was dismissed because he failed to establish his claim clearly on the evidentiary record; material facts and credibility issues exist that require a trial; Rule 13.04 does not change the substantive test for summary judgment; Ristow may bring a motion without his co-plaintiff but NBFL has raised arguable issues on the pleadings and evidentiary record, and the admissibility/effect of settlement agreements and related factual disputes should be resolved at trial.

Citation
2009 NSSC 305
Parties
Plaintiff/defendant by Counterclaim: Michael Barthe; Plaintiff/defendant by Counterclaim: Lutz Ristow; Defendant/plaintiff by Counterclaim: National Bank Financial Ltd.; Third Party: Daniel Potter; Third Party: Starr’s Point Capital Incorporated; Third Party: Fiona Imrie; Third Party: Gramm & Company Incorporated; Third Party: 2532230 Nova Scotia Limited; Third Party: 3020828 Nova Scotia Limited; Third Party: Ronald Richter; Third Party: Donald Snow; Third Party: Meg Research.com Limited; Third Party: 3027748 Nova Scotia Limited; Third Party: Calvin Wadden; Third Party: Raymond Courtney; Third Party: Bernard Schelew; Third Party: Blois Colpitts; Third Party: Stewart McKelvey Stirling Scales; Third Party (former Employee): Bruce Clarke; Third Party: 2317540 Nova Scotia Limited; Third Party: Knowledge House Inc.; Third Party: Derek Banks; Third Party: Plastics Maritime Ltd.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 October 2009
Procedural Posture
Civil Action: Negligence and Breach of Contract; Counter Claim and Third Party Claims Alleging Stock Manipulation / Summary Judgment Motion (chambers Decision Dismissing Motion)
Outcome
Summary judgment motion dismissed in all respects; no summary judgment for Ristow on his claim; no summary judgment entered on counter-claim or third party claims
Legal Topics
Summary Judgment, Duty of Care, Vicarious Liability, Stock Manipulation, Admissibility of Settlement Agreements, Costs
Source Language
English
Civil Procedure Securities Law Tort Contract Law Evidence Summary Judgment Duty of Care Vicarious Liability +3 more

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Parties

Michael Barthe

Plaintiff/defendant by Counterclaim

Lutz Ristow

Plaintiff/defendant by Counterclaim

National Bank Financial Ltd.

Defendant/plaintiff by Counterclaim

Daniel Potter

Third Party

Starr’s Point Capital Incorporated

Third Party

Fiona Imrie

Third Party

Gramm & Company Incorporated

Third Party

2532230 Nova Scotia Limited

Third Party

3020828 Nova Scotia Limited

Third Party

Ronald Richter

Third Party

Donald Snow

Third Party

Meg Research.com Limited

Third Party

3027748 Nova Scotia Limited

Third Party

Calvin Wadden

Third Party

Raymond Courtney

Third Party

Bernard Schelew

Third Party

Blois Colpitts

Third Party

Stewart McKelvey Stirling Scales

Third Party

Bruce Clarke

Third Party (former Employee)

2317540 Nova Scotia Limited

Third Party

Knowledge House Inc.

Third Party

Derek Banks

Third Party

Plastics Maritime Ltd.

Third Party

Procedural Posture

Civil Action: Negligence and Breach of Contract; Counter Claim and Third Party Claims Alleging Stock Manipulation / Summary Judgment Motion (chambers Decision Dismissing Motion)

Legal Issues

  1. 1 Whether Rule 13.04 changed summary judgment requirements
  2. 2 Whether a co-plaintiff may bring a summary judgment motion alone
  3. 3 Whether summary judgment should be granted to Lutz Ristow on his claim against NBFL

Ratio Decidendi

The summary judgment motion by Lutz Ristow was dismissed because he failed to establish his claim clearly on the evidentiary record; material facts and credibility issues exist that require a trial; Rule 13.04 does not change the substantive test for summary judgment; Ristow may bring a motion without his co-plaintiff but NBFL has raised arguable issues on the pleadings and evidentiary record, and the admissibility/effect of settlement agreements and related factual disputes should be resolved at trial.

Court Disposition

Summary judgment motion dismissed in all respects; no summary judgment for Ristow on his claim; no summary judgment entered on counter-claim or third party claims

Orders

  • Motion for summary judgment dismissed
  • Party/party costs awarded to successful parties payable forthwith