Category: Summary Judgement

Summary Judgment in Nova Scotia: Blunden Construction Ltd. v. Fougere

by John McKiggan

The Nova Scotia Court of Appeal recently released its reasons in Blunden Construction Ltd. v. Fougere. The case is important because it reviews the law regarding summary judgment and provides an analysis of the test for summary judgement outlined in the Nova Scotia Court of Appeal’s decision in Burton Canada Co v. Coady and reconciles it with the recent decision of the Supreme Court of Canada in Hryniak v. Mauldin.

Background Facts

The Plaintiff, William Fougere was a teacher who became ill with a lung condition that he claimed was caused by dust produced during construction of an elevator inside the school where Fougere worked. Fougere sued the construction company, Blunden Construction Limited who joined the architectural firm, Fowler, Bauld & Mitchell Limited as a third party.