IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Wirop Industrial Company Limited v. Baydar & Associates Incorporated, 2007 NSSC 332
Date: 20071121
Docket: SH 276040
Registry: Halifax
Between:
Wirop Industrial Company Limited and
Foard Yon Trading Company Limited
Plaintiffs
v.
Baydar & Associates Incorporated
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: August 16, 2007 in Chambers, Halifax, Nova Scotia
Written Decision: November 21, 2007
Subject: Summary judgment; equitable set-off.
Summary: One plaintiff seeks summary judgment in a debt action for goods sold and delivered to the defendant. The defendant has counterclaimed alleging that it was the exclusive agent for both plaintiffs and that the plaintiffs breached their contract with it without notice.
Issue: 1) Are there material facts in dispute:
2) Is there a claim for equitable set-off such that summary judgment
should not be granted?
Result: Material facts are in dispute. Equitable set-off applies. Application dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.