Backtrax Roadhouse Inc. v. Scott et al., (1998) 233 A.R. 390 (QBM)

Court:Court of Queen's Bench of Alberta
Case Date:November 23, 1998
Jurisdiction:Alberta
Citations:(1998), 233 A.R. 390 (QBM)
 
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Backtrax Roadhouse Inc. v. Scott (1998), 233 A.R. 390 (QBM)

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Temp. Cite: [1998] A.R. TBEd. DE.049

Backtrax Roadhouse Inc. (plaintiff) v. Barb Scott, Randy Cottrell, The Calgary Police Service and the City of Calgary (defendants)

(Action No. 9703-18490)

Indexed As: Backtrax Roadhouse Inc. v. Scott et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Quinn, Master in Chambers

November 23, 1998.

Summary:

The plaintiff sought the following: (1) amendment of the statement of claim to substitute the Chief of Police for the City of Calgary for the Calgary Police Service; (2) renewal of the statement of claim to effect service on the "Calgary City Police"; and (3) transfer of the action from Edmonton to Calgary.

A Master of the Alberta Court of Queen's Bench denied the amendment of the state­ment of claim. The Master also denied the renewal of the statement of claim because the actual named defendant, the "Calgary Police Service" was not a suable entity. The Master allowed the transfer of the action because the balance of convenience favoured it.

Police - Topic 5002

Actions against police - General - Actions against chief of police for actions of police officers - [See Practice - Topic 2112 ].

Practice - Topic 2112

Pleadings - Amendment of pleadings - Name of party - Misnomer - The plaintiff named the "Calgary Police Service" as a defendant - The plaintiff invoked mis­nomer and sought to amend its statement of claim to substitute the "Chief of Police for the City of Calgary" for the "Calgary Police Service" - A Master of the Alberta Court of Queen's Bench held that there was no misnomer and denied the amend­ment because the plaintiff had erroneously named the "Calgary Police Service" as the party liable for torts of police officers where it should have named the "Chief of Police for the City of Calgary" - See para­graphs 3 to 8.

Cases Noticed:

Basarsky v. Quinlan, [1972] S.C.R. 380, refd to. [para. 4].

Davies v. Elsby Bros. Ltd., [1960] 1 All E.R. 672, consd. [para. 6].

Gustavsen v. Calgary (City) et al. (1996), 191 A.R. 38; 43 Alta. L.R.(3d) 13 (Mast.), refd to. [para. 11].

Counsel:

Ian Cameron (Cameron and Cameron), for Backtrax Roadhouse Inc.;

Deborah Dalton (City of Calgary Legal Dept.), for the defendants.

These applications were heard before Quinn, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 23, 1998.

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