Atlantic Forest Products Ltd. v. Neill & Gunter Ltd., United Contractors Ltd. and Campbell, (1975) 14 N.B.R.(2d) 275 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 12, 1975
• Jurisdiction: New Brunswick
• Citations: (1975), 14 N.B.R.(2d) 275 (QB)

Atlantic Forest v. Neill & Gunter (1975), 14 N.B.R.(2d) 275 (QB);

    14 R.N.-B.(2e) 275; 15 A.P.R. 275

MLB headnote and full text

Sommaire et texte intégral

Atlantic Forest Products Ltd. v. Neill & Gunter Limited and United Contractors Ltd. and Campbell (third parties)

Indexed As: Atlantic Forest Products Ltd. v. Neill & Gunter Ltd., United Contractors Ltd. and Campbell

Répertorié: Atlantic Forest Products Ltd. v. Neill & Gunter Ltd., United Contractors Ltd. and Campbell

New Brunswick Court of Queen's Bench

Stevenson, J.

December 23, 1975.

Summary:

Résumé:

This headnote contains no summary.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Statement of claim - The defendant in a negligence action claimed against the third party in tort for misrepresentation of the qualities of building material and in contract on the basis of an indemnity clause in a contract between the plaintiff and the third party - The third party made an application to strike out the defendant's claim - The New Brunswick Court of Queen's Bench held that a claim will not be dismissed unless the matter is clear and free from doubt - The Court of Queen's Bench struck out the defendant's claim in tort, because the defendant could not give particulars of the alleged misrepresentation - The Court of Queen's Bench did not strike out the defendant's claim in contract, because, although the defendant was not a party to the contract, the plaintiff could have been a trustee for the defendant under the contract.

Statutes Noticed:

Rules of Court (N.B.), Order 25, rule 4.

Counsel:

David T. Hashey, for the third party, United Contractors Ltd.;

Wayne R. Chapman, for the defendant.

This application was heard in chambers on November 12, 1975, before Stevenson, J., of the New Brunswick Supreme Court, Queen's Bench Division. On December 23, 1975, Stevenson, J., delivered the following judgment: