Court of Appeal

                                NOVA SCOTIA COURT OF APPEAL

Citation: Tabensky v. Hope, 2008 NSCA 116

Date: 20081211

Docket:  CA 298110

Registry: Halifax

Between:

Marie Tabensky

Appellant

v.

Donald Bernard Hope and Rosamond Hope

Respondents

Judge:                            The Honourable Justice Fichaud

Appeal Heard:                December 11, 2008

Written Judgment:         December 18, 2008

Subject:                Conveyance of land - Statute of Frauds

Summary:        Deed to “Group of Friends”. Grantors signed another agreement identifying the “Group of Friends”. Trial judge ruled the deed and agreement together satisfied the Statute of Frauds.

Issue:               Do the deed and agreement together satisfy the Statute of Frauds?

Result:             The Statute of Frauds requires a sufficient memorandum signed by the parties to be charged. The memorandum may comprise several documents and need not itself be contractual but must contain the essential terms. Here the deed and agreement were both signed by the parties to be charged and together identified the grantees. The Statute of Frauds was satisfied.  Appeal dismissed.