Thompson v. Enterprise Cape Breton Corporation

Thompson v. Enterprise Cape Breton Corporation

The Statement of Claim is not plainly and obviously bound to fail and is not clearly unsustainable; summary judgment on the pleadings is denied and the plaintiff may amend the Statement of Claim without leave, except the claim for loss of reputation lacks particulars and is struck; costs reserved and no costs awarded at this time.

Citation
2011 NSSC 280
Parties
Plaintiff/applicant: Leslie Thompson; Defendant/respondent: Enterprise Cape Breton Corporation
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 July 2011
Procedural Posture
Civil Summary Judgment on Pleadings / Motion for Summary Judgment
Outcome
Motion for summary judgment on the pleadings denied in part; plaintiff permitted to amend Statement of Claim; claim for loss of reputation struck; costs reserved (no costs awarded at this time).
Legal Topics
Summary Judgment, Pleadings, Striking Pleadings, Particulars, Loss of Reputation, Economic Loss, Denial of Access, Amendment of Pleadings
Source Language
English
Civil Procedure Contract Law Tort Property Law Occupiers' Liability Summary Judgment Pleadings Striking Pleadings +5 more

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Parties

Leslie Thompson

Plaintiff/applicant

Enterprise Cape Breton Corporation

Defendant/respondent

Procedural Posture

Civil Summary Judgment on Pleadings / Motion for Summary Judgment

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action
  2. 2 Whether the Statement of Claim should be struck or summary judgment granted
  3. 3 Whether the claim for loss of reputation contains sufficient particulars

Ratio Decidendi

The Statement of Claim is not plainly and obviously bound to fail and is not clearly unsustainable; summary judgment on the pleadings is denied and the plaintiff may amend the Statement of Claim without leave, except the claim for loss of reputation lacks particulars and is struck; costs reserved and no costs awarded at this time.

Court Disposition

Motion for summary judgment on the pleadings denied in part; plaintiff permitted to amend Statement of Claim; claim for loss of reputation struck; costs reserved (no costs awarded at this time).

Orders

  • Summary judgment on the pleadings is denied except as to the reputation claim
  • Plaintiff permitted to amend the Statement of Claim without leave of the Court