Bassett Furniture Industries Inc. v. Sargent Color Television and Furniture Ltd., (1981) 12 Man.R.(2d) 185 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 31, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 185 (CoCt)

Bassett Furniture Ind. v. Sargent (1981), 12 Man.R.(2d) 185 (CoCt)

MLB headnote and full text

Bassett Furniture Industries, Inc. v. Sargent Color Television and Furniture Ltd.

Indexed As: Bassett Furniture Industries Inc. v. Sargent Color Television and Furniture Ltd.

Manitoba County Court

Kennedy, C.C.J.

July 31, 1981.

Summary:

The defendant applied for an order for security for costs against the plaintiff non-resident corporation and for an order designating the president of the plaintiff corporation as the officer to be examined for discovery.

The Manitoba County Court dismissed the application.

Practice - Topic 4243

Discovery - Examination - Persons who may be examined - Corporations - Designation of officer of - The Manitoba County Court held that, although Queen's Bench Rule 286(1) gave a party wishing to examine a corporation adverse in interest the right to designate a particular officer to be examined, a defendant could not chose to examine the president of the plaintiff company who had no knowledge of the particular transaction - See paragraphs 4 to 9.

Practice - Topic 4243

Discovery - Examination - Persons who may be examined - Corporations - Designation of officer of - The Manitoba County Court stated that a sales representative was an officer within the meaning of Queen's Bench Rule 286(1), which provided for the designation of officers to be examined - See paragraphs 11 to 13.

Words and Phrases

Officer - The Manitoba County Court discussed the meaning of the word "officer" as found in Queen's Bench Rule 286(1) - See paragraphs 11 to 13.

Cases Noticed:

College Housing Co-Operative Limited and College Housing Holdings Incorporated v. Baxter Student Housing Limited and R.C. Baxter Ltd., [1975] 3 W.W.R. 379, dist. [para. 5].

Trinity College v. Levinter, 54 O.L.R. 290, dist. [para. 5].

Neon Products Ltd. v. Wiebe and Sports Shop Ltd., [1974] 3 W.W.R. 567, appld. [para. 11].

Statutes Noticed:

Queen's Bench Rules, rule 11 [para. 2]; rule 21 [para. 3]; rule 286(1) [para. 5].

Counsel:

A. Douglas Hofer, for the plaintiff;

Charles G. Birks, for the defendant.

This application was heard before KENNEDY, C.C.J., of the Manitoba County Court. The decision of KENNEDY, C.C.J., was delivered on July 31, 1981: