Booker and Fudge v. Melanson, (1997) 192 N.B.R.(2d) 398 (CA)

• Judge: Rice, Ayles and Turnbull, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: October 15, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 192 N.B.R.(2d) 398 (CA)

Booker v. Melanson (1997), 192 N.B.R.(2d) 398 (CA);

    192 R.N.-B.(2e) 398; 489 A.P.R. 398

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Temp. Cite: [1997] N.B.R.(2d) TBEd. OC.032

Mark Melanson (defendant/appellant) v. Paul Booker and Brenda Fudge (plaintiffs/respondents)

(106/97/CA)

Indexed As: Booker and Fudge v. Melanson

New Brunswick Court of Appeal

Rice, Ayles and Turnbull, JJ.A.

October 15, 1997.

Summary:

Booker and Fudge sued Melanson.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision not reported in this series, allowed the action and gave judgment for Booker and Fudge. Mel­anson appealed on the ground, inter alia, that the trial judge received Booker and Fudge's evidence without first having them sworn or make a solemn affirmation and declaration.

The New Brunswick Court of Appeal allowed the appeal.

Evidence - Topic 4542

Witnesses - Attendance and oath - Oath - Condition precedent to admission of evi­dence - Booker and Fudge sued Melanson - The trial court allowed the action and gave judgment for Booker and Fudge -Melanson appealed on the ground, inter alia, that the trial judge received Booker and Fudge's evidence without first having them sworn or make a solemn affirmation and declaration as required by rule 75.11(4) of the Rules of Court - The other witnesses were sworn - The New Bruns­wick Court of Appeal allowed the appeal -The court set aside the judgment and or­dered that any monies paid by Melanson to Booker and Fudge be paid to the clerk of the trial court until further order of that court.

Statutes Noticed:

Rules of Court (N.B.), rule 75.11(4) [para. 1].

Counsel:

Mark Melanson appeared in person;

Paul Booker appeared for both respon­dents.

This appeal was heard on October 15, 1997, before Rice, Ayles and Turnbull, JJ.A., of the New Brunswick Court of Ap­peal. The following decision was delivered orally by the court on the same date.