NOVA SCOTIA COURT OF APPEAL
Citation: Nyiti v. Cape Breton University , 2009 NSCA 69
Date: 20090617
Docket: CA 307022
Registry: Halifax
Between:
Raphael Nyiti
Appellant
v.
The Board of Governors,
Cape Breton University
Respondent
Judges: Saunders, Oland and Fichaud, JJ.A.
Appeal Heard: June 17, 2009, in Halifax, Nova Scotia
Written Judgment: June 17, 2009
Held: Appeal dismissed per oral reasons for judgment of Saunders, J.A.; Oland and Fichaud, JJ.A. concurring.
Counsel: Hugh R. McLeod, for the appellant
Nancy F. Bareaux and Krista Smith, for the respondent
Reasons for judgment: (Orally)
[1] We are unanimously of the view that the appeal ought to be dismissed.
[2] The trial judge made no error in law resulting in an injustice when he allowed the respondent’s application for summary judgment pursuant to 1972 Civil Procedure Rule 13 based on his clear findings that Mr. Nyiti had failed to assert or offer any facts to support his claims of fraud and breach of trust, and that therefore such claims had no real chance of success at trial. It is unnecessary to comment on the time limitation for the commencement of an action for breach of trust.
[3] We would not disturb Justice Edwards’ order dated January 22, 2009, which effectively leaves outstanding only the claim of breach of fiduciary duty.
[4] While leave to appeal this interlocutory order is granted, the appeal is dismissed with costs to the respondent in the amount of $1,500.00 inclusive of disbursements.
Saunders, J.A.
Concurred in:
Oland, J.A.
Fichaud, J.A.