Chet's Transport Inc. v. Seaway Distributors Ltd., (1985) 69 N.S.R.(2d) 88 (TD)

• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 29, 1985
• Jurisdiction: Nova Scotia
• Citations: (1985), 69 N.S.R.(2d) 88 (TD)

Chet's Transport v. Seaway Distr. (1985), 69 N.S.R.(2d) 88 (TD);

    163 A.P.R. 88

MLB headnote and full text

Chet's Transport Inc. v. Seaway Distributors Limited

(1984 S.T. No. 02356)

Indexed As: Chet's Transport Inc. v. Seaway Distributors Ltd.

Nova Scotia Supreme Court

Trial Division

Hall, L.J.

September 6, 1985.

Summary:

The plaintiff applied for summary judgment pursuant to Civil Procedure Rule 13. The defendant acknowledged the plaintiff's claim, but alleged that summary judgment should not be entered until disposition of the defendant's counterclaim and claim to set-off. The Nova Scotia Supreme Court, Trial Division, accepted the defendant's argument and stayed the plaintiff's action until disposal of the counterclaim.

Practice - Topic 5706

Judgments and orders - Summary judgments - Counterclaim - Effect of - The Nova Scotia Supreme Court, Trial Division, refused to grant a plaintiff summary judgment, regardless that the defendant admitted the plaintiff's claim, where the defendant had a counterclaim with substance and which raised issues which should be tried - This was so regardless that the subject of the counterclaim was not the same as or connected to the subject of the plaintiff's claim - Instead, the court ordered the plaintiff's claim be stayed until the counterclaim was disposed of.

Cases Noticed:

Carl B. Potter Ltd. v. Anil Canada Ltd. (1976), 15 N.S.R.(2d) 408; 14 A.P.R. 408, refd to. [para. 6].

Hale v. Victoria Plumbing Co. Ltd. and En-Tout-Cas Co. Ltd., [1966] 2 All E.R. 672, refd to. [para. 7].

Morgan and Son Ltd. v. S. Martin Johnson and Company Ltd., [1948] 2 All E.R. 196, refd to. [para. 7].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 13.01 [para. 6]; rule 14.20 [paras. 1011]; rule 16.03(e) [para. 12].

Authors and Works Noticed:

Osborne's Concise Law Dictionary (3rd Ed. 1947) [para. 8].

Counsel:

Wendy J. Johnston, for the plaintiff and defendant by counterclaim;

Marjorie A. Hickey, for the defendant and plaintiff by counterclaim.

This application was heard before Hall, L.J., of the Nova Scotia Supreme Court, Trial Division, at Truro, Nova Scotia, on August 29, 1985. The decision of Hall, L.J., was delivered on September 6, 1985.