Purdy v. Bishop, 2017 NSCA 84

JurisdictionNova Scotia
JudgeBeveridge, Farrar and Bryson, JJ.A.
Citation2017 NSCA 84
Docket NumberCA 453201
CourtCourt of Appeal of Nova Scotia (Canada)
Date28 December 2017
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6 practice notes
  • Muir v. Day,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 30, 2023
    ...considering the factual matrix and surrounding circumstances of its execution (see Duncanson v. Webster, 2015 NSCA 29, Purdy v. Bishop, 2017 NSCA 84 and Penney v. Langille, 2018 NSCA 43). In the case at hand, the factual matrix and surrounding circumstances provide clear and sufficient evid......
  • Roy v. Cashen Estate, 2019 NSCA 62
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • July 18, 2019
    ...Cashen’s subjective intention is irrelevant (Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, ¶58; Purdy v. Bishop, 2017 NSCA 84, ¶16).  Absent consideration of a “factual matrix”, interpretation of a deed is a question of law (Cook v. Podgorski, ......
  • Schnell v Stene (Heidinger Estate),
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 17, 2022
    ...them to deviate from the text such that the court effectively creates a new agreement” (paragraph 57 of Sattva). In Purdy v Bishop, 2017 NSCA 84 (“Purdy”), the Nova Scotia Court of Appeal added: “Surrounding circumstances assist the Court in interpreting the lang......
  • Penney v. Langille, 2018 NSCA 43
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • May 23, 2018
    ...principles applied by the judge are summarized by the respondents in their factum, quoting from the Court in Purdy v. Bishop, 2017 NSCA 84 at ¶ 15: [15] The law requires that a contract be “read . . . as a whole, giving the words used their ordinary and grammatical meaning, consistent with ......
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6 cases
  • Muir v. Day,
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 30, 2023
    ...considering the factual matrix and surrounding circumstances of its execution (see Duncanson v. Webster, 2015 NSCA 29, Purdy v. Bishop, 2017 NSCA 84 and Penney v. Langille, 2018 NSCA 43). In the case at hand, the factual matrix and surrounding circumstances provide clear and sufficient evid......
  • Roy v. Cashen Estate, 2019 NSCA 62
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • July 18, 2019
    ...Cashen’s subjective intention is irrelevant (Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, ¶58; Purdy v. Bishop, 2017 NSCA 84, ¶16).  Absent consideration of a “factual matrix”, interpretation of a deed is a question of law (Cook v. Podgorski, ......
  • Schnell v Stene (Heidinger Estate),
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 17, 2022
    ...them to deviate from the text such that the court effectively creates a new agreement” (paragraph 57 of Sattva). In Purdy v Bishop, 2017 NSCA 84 (“Purdy”), the Nova Scotia Court of Appeal added: “Surrounding circumstances assist the Court in interpreting the lang......
  • Penney v. Langille, 2018 NSCA 43
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • May 23, 2018
    ...principles applied by the judge are summarized by the respondents in their factum, quoting from the Court in Purdy v. Bishop, 2017 NSCA 84 at ¶ 15: [15] The law requires that a contract be “read . . . as a whole, giving the words used their ordinary and grammatical meaning, consistent with ......
  • Request a trial to view additional results

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