Cuvelier v. Bridgewater (Town) et al., (1996) 155 N.S.R.(2d) 230 (CA)

• Judge: Freeman, Hart and Flinn, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: November 19, 1996
• Jurisdiction: Nova Scotia
• Citations: (1996), 155 N.S.R.(2d) 230 (CA)

Cuvelier v. Bridgewater (1996), 155 N.S.R.(2d) 230 (CA);

    457 A.P.R. 230

MLB headnote and full text

Re/Max South Shore Realty (1989) Ltd. (appellant) v. Hugh Cuvelier and Doreen Cuvelier (respondents) and The Town of Bridgewater, a body corporate (intervenor)

(C.A. No. 128647)

Indexed As: Cuvelier v. Bridgewater (Town) et al.

Nova Scotia Court of Appeal

Freeman, Hart and Flinn, JJ.A.

November 19, 1996.

Summary:

The plaintiffs purchased a house. They discovered a water problem made the base­ment prone to flooding. They sued the realtor and the previous owners. Also joined as defendants were the Town of Bridgewater which had approved the lot for construction and the law firm that acted for both sides in the purchase and sale transaction. The suit against the Town and the law firm was discontinued. The realtor applied to have the Town rejoined as a defendant or as a third party.

The Nova Scotia Supreme Court dismissed the application. The realtor appealed.

The Nova Scotia Court of Appeal dis­missed the appeal.

Practice - Topic 5782

Judgments and orders - Interlocutory or interim orders or judgments - Appeals -The plaintiffs purchased a house - They discovered that a water problem made the basement prone to flooding - They sued the realtor and the previous owners - Also joined as defendants were the Town of Bridgewater which had approved the lot for construction and the law firm that acted for both sides in the purchase and sale transaction - The suit against the Town and the law firm was discontinued - The realtor applied to have the Town rejoined as a defendant or as a third party - The chambers judge dismissed the ap­plication, where there would be prejudice to the plaintiffs - The Nova Scotia Court of Appeal declined to interfere with the motions judge's exercise of his discretion.

Practice - Topic 8804

Appeals - General principles - Duty of appellate court regarding discretionary orders - [See Practice - Topic 5782 ].

Cases Noticed:

Inglis Ltd. v. South Shores Sales and Service Ltd., Whynott and Canada Acci­dent and Fire Assurance Co. (1979), 31 N.S.R.(2d) 541; 52 A.P.R. 541 (C.A.), refd to. [para. 8].

Minkoff v. Poole and Lambert (1991), 101 N.S.R.(2d) 143; 275 A.P.R. 143 (C.A.), refd to. [para. 11].

Conrad v. Snair et al. (1996), 150 N.S.R.(2d) 214; 436 A.P.R. 214 (C.A.), refd to. [para. 12].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 17.02(1), rule 17.03(1) [para. 6].

Rules of Court (N.S.) - see Civil Pro­cedure Rules (N.S.).

Tortfeasors Act, R.S.N.S. 1989, c. 471, sect. 3(c), sect. 5 [para. 7].

Counsel:

Colin J. Clarke, for the appellant;

William M. Leahey, for the respondent;

Virve Sandstrom, for the intervenor.

This appeal was heard on November 19, 1996, before Freeman, Hart and Flinn, JJ.A., of the Nova Scotia Court of Appeal. On November 19, 1996, Freeman, J.A., deliv­ered the following judgment orally for the court.