Tetreault v. Curtmar Farms Ltd., 2007 NSCA 7

JudgeRoscoe, Hamilton and Fichaud, JJ.A.
CourtCourt of Appeal of Nova Scotia (Canada)
Case DateJanuary 16, 2007
JurisdictionNova Scotia
Citations2007 NSCA 7;(2007), 250 N.S.R.(2d) 332 (CA)

Tetreault v. Curtmar Farms Ltd. (2007), 250 N.S.R.(2d) 332 (CA);

    796 A.P.R. 332

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. JA.049

Norman Tetreault and Barbara Tetreault (appellants) v. Curtmar Farms Limited (respondent)

(CA 268232; 2007 NSCA 7)

Indexed As: Tetreault v. Curtmar Farms Ltd.

Nova Scotia Court of Appeal

Roscoe, Hamilton and Fichaud, JJ.A.

January 17, 2007.

Summary:

Curtmar Farms delivered a herd of dairy cattle to Tetreault for resale. Tetreault made partial payment. The market collapsed. Curtmar brought an action for the balance of the purchase price.

The Nova Scotia Supreme Court, in a decision reported at 2006 NSSC 246, ordered Tetreault to pay the balance of the purchase price. Tetreault appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Animals - Topic 3921

Sale of animals - Contracts - General - Curtmar Farms delivered a herd of dairy cattle to Tetreault for resale - Tetreault made partial payment - The market collapsed - Curtmar brought an action for the balance of the purchase price - Tetreault submitted that the agreement had been one for consignment, rather than for purchase and sale, and that due to the downturn, he was unable to sell the cattle - The trial court ordered Tetreault to pay the balance of the purchase price - Based on previous agreements between the parties in which Tetreault had assumed the risk and absorbed the losses due to cattle dying, the trial court found that the market was Tetreault's risk as well - Thus, the agreement was for purchase, rather than consignment - Tetreault appealed - The Nova Scotia Court of Appeal dismissed the appeal.

Sale of Goods - Topic 70

General - Definitions - Sale distinguished from consignments - [See Animals - Topic 3921 ].

Cases Noticed:

H.L. v. Canada (Attorney General) et al. (2005), 333 N.R. 1; 262 Sask.R. 1; 347 W.A.C. 1 (S.C.C.), refd to. [para. 4].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1, refd to. [para. 4].

McPhee v. Gwynne-Timothy (2005), 232 N.S.R.(2d) 175; 737 A.P.R. 175; 2005 NSCA 80, refd to. [para. 4].

Counsel:

Gary A. Richard, for the appellants;

Robert Carruthers, Q.C., and Kerri-Ann Robson, for the respondent.

This appeal was heard in Halifax, Nova Scotia, on January 16, 2007, by Roscoe, Hamilton and Fichaud, JJ.A., of the Nova Scotia Court of Appeal. Roscoe, J.A., delivered the following reasons for judgment for the Court on January 17, 2007.

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1 practice notes
  • Cragg v. Eisener, 2012 NSCA 101
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • September 27, 2012
    ...right to supervise and control proceedings includes a broad authority to grant or refuse adjournments. See for example, Sharpe v. Abbott , 2007 NSCA 7. The exercise of that discretion is accorded considerable deference on appeal. We will not intervene unless it can be shown that the judge e......
1 cases
  • Cragg v. Eisener, 2012 NSCA 101
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • September 27, 2012
    ...right to supervise and control proceedings includes a broad authority to grant or refuse adjournments. See for example, Sharpe v. Abbott , 2007 NSCA 7. The exercise of that discretion is accorded considerable deference on appeal. We will not intervene unless it can be shown that the judge e......

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