Agracity Ltd. et al. v. Skinner et al., 2013 SKCA 7

• Judge: Klebuc, C.J.S., Gerwing and Herauf, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 14, 2011
• Jurisdiction: Saskatchewan
• Citations: 2013 SKCA 7;(2013), 405 Sask.R. 284 (CA)

Agracity Ltd. v. Skinner (2013), 405 Sask.R. 284 (CA);

    563 W.A.C. 284

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. FE.002

Agracity Ltd. and Farms and Families of North America Incorporated (operating as Farmers of North America and/or "FNA") (appellants) v. Ashley M. Skinner, James G. Skinner, Dean R. Skinner, Great Northern Growers Inc., Rayglen Commodities Inc. (also operating as Rayglen Consulting Services) and Top Trade Commodities Ltd. (respondents)

(1845; 2013 SKCA 7)

Indexed As: Agracity Ltd. et al. v. Skinner et al.

Saskatchewan Court of Appeal

Klebuc, C.J.S., Gerwing and Herauf, JJ.A.

January 29, 2013.

Summary:

This dispute was primarily between two families, the Manns and the Skinners, who competed for sales of agricultural commodities through their corporations. The crux of the Mann family's claim (i.e., the plaintiff corporations' claim) was that one of the defendants, Ashley Skinner, was akin to a high level employee, who left the Mann family corporations and breached his fiduciary duty by competing with them and helping the other defendants to compete with them. The claims against the other defendants flowed from Ashley's alleged wrongdoing. The plaintiffs claimed that Ashley and all of the other defendants unlawfully conspired with each other to injure them by way of the grounds claimed against Ashley. The plaintiffs obtained an ex parte Anton Piller order authorizing a search of the defendant corporate offices and the individual defendants' vehicles and private residences or offices. The order was executed by two teams, each including a supervising solicitor, a computer expert and at least one investigator. The teams seized documents and copied the contents of computers. The defendants sought to have the Anton Piller order set aside.

The Saskatchewan Court of Queen's Bench, in a decision reported 341 Sask.R. 240, set aside the Anton Piller order in its entirety. The plaintiffs appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Practice - Topic 3379.1

Interim proceedings - Preservation of property - Anton Piller Order - Conditions precedent - The Saskatchewan Court of Appeal referred to a discussion of the requirements for an Anton Piller Order - See paragraph 6.

Practice - Topic 3379.2

Interim proceedings - Preservation of property - Anton Piller Order - When available - [See Practice - Topic 3379.1 ].

Practice - Topic 3379.3

Interim proceedings - Preservation of property - Anton Piller Order - Setting aside - The plaintiffs obtained an ex parte Anton Piller order authorizing a search of the defendant corporate offices and the individual defendants' vehicles and private residences or offices - The defendants had the Anton Piller order set aside - The plaintiffs appealed - The Saskatchewan Court of Appeal dismissed the appeal - The chambers judge correctly interpreted the test for issuance of such an order and correctly set out the burden of proof - The judge also correctly concluded that the plaintiffs did not adduce sufficient evidence to show that there was a real possibility that the defendants might destroy the material before the discovery process could do its work - The judge did not err in his application of the law to the facts or fail to exercise his discretion properly or in ordering the documents returned.

Cases Noticed:

Celanese Canada Inc. v. Murray Demolition Corp. et al., [2006] 2 S.C.R. 189; 352 N.R. 1; 215 O.A.C. 266; 2006 SCC 36, refd to. [para. 6].

British Columbia (Attorney General) v. Malik et al., [2011] 1 S.C.R. 657; 414 N.R. 332; 303 B.C.A.C. 1; 512 W.A.C. 1; 2011 SCC 18, refd to. [para. 6].

Yousif v. Salama, [1980] 3 All E.R. 405 (C.A.), refd to. [para. 9].

Counsel:

Rod Pantony, for the appellants;

Robert G. Kennedy, Q.C., for the respondents, Ashley M. Skinner and Top Trade Commodities Ltd.;

Murray W. Douglas, for the respondents, James G. Skinner, Dean R. Skinner and Great Northern Growers Inc.;

Joel A. Hesje, Q.C., for Rayglen Commodities Inc.

This appeal was heard on April 14, 2011, before Klebuc, C.J.S., Gerwing and Herauf, JJ.A., of the Saskatchewan Court of Appeal. The following decision was delivered for the court by Klebuc, C.J.S., on January 29, 2013.