Gillis v. Lieberman

Gillis v. Lieberman

Summary judgment granted: plaintiff's claim dismissed because (1) it is statute-barred—plaintiff failed to provide evidence to satisfy discoverability exception under s.8(1); and (2) the claim is res judicata—Florida Final Judgment and incorporated Marital Settlement Agreement finally adjudicated the property issues; injunction granted preventing further claims without judicial permission; costs to follow.

Citation
2024 NSSC 62
Parties
Plaintiff: Wayne Patrick Gillis; Defendant: Lisa Marlene Lieberman
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 March 2024
Procedural Posture
Civil Action (notice of Action for Debt); Summary Judgment Motion / Decision on Summary Judgment Motion
Outcome
Summary judgment granted; plaintiff's claim dismissed. Injunction granted prohibiting plaintiff from commencing further proceedings against defendant in Nova Scotia courts without leave. Costs awarded (submissions directed).
Legal Topics
Summary Judgment, Res Judicata, Statute of Limitations, Discoverability, Fiduciary Duty, Vexatious Litigant Injunction, Costs
Source Language
English
Civil Procedure Family Law Limitations of Actions Trusts and Fiduciary Duty Remedies (injunction) Summary Judgment Res Judicata Statute of Limitations +4 more

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Parties

Wayne Patrick Gillis

Plaintiff

Lisa Marlene Lieberman

Defendant

Procedural Posture

Civil Action (notice of Action for Debt); Summary Judgment Motion / Decision on Summary Judgment Motion

Legal Issues

  1. 1 Whether the plaintiff's claim is statute-barred under the Limitations of Actions Act s.8(1)
  2. 2 Whether the claim is barred by res judicata due to the final Florida divorce judgment
  3. 3 Whether the plaintiff has a real chance of success to defeat summary judgment

Ratio Decidendi

Summary judgment granted: plaintiff's claim dismissed because (1) it is statute-barred—plaintiff failed to provide evidence to satisfy discoverability exception under s.8(1); and (2) the claim is res judicata—Florida Final Judgment and incorporated Marital Settlement Agreement finally adjudicated the property issues; injunction granted preventing further claims without judicial permission; costs to follow.

Court Disposition

Summary judgment granted; plaintiff's claim dismissed. Injunction granted prohibiting plaintiff from commencing further proceedings against defendant in Nova Scotia courts without leave. Costs awarded (submissions directed).

Orders

  • Summary judgment granted; Statement of Claim dismissed.
  • Plaintiff is prohibited from filing actions or claims against Lisa Marlene Lieberman in the Supreme Court of Nova Scotia and the Small Claims Court in Nova Scotia without permission of a judge (does not apply to an appeal of this decision).