Central Trust Co. of Canada v. New Brunswick Electric Power Commission, (1973) 9 N.B.R.(2d) 153 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 05, 1973
• Jurisdiction: New Brunswick
• Citations: (1973), 9 N.B.R.(2d) 153 (QB)

Central Trust v. N.B. Power (1973), 9 N.B.R.(2d) 153 (QB);

    9 R.N.-B.(2e) 153; 1 A.P.R. 153

MLB headnote and full text

Sommaire et texte intégral

Central Trust Company of Canada v. New Brunswick Electric Power Commission

Indexed As: Central Trust Co. of Canada v. New Brunswick Electric Power Commission

Répertorié: Central Trust Co. of Canada v. New Brunswick Electric Power Commission

New Brunswick Court of Queen's Bench

Stevenson, J.

September 20, 1973.

Summary:

Résumé:

This case arose out of an interlocutory application to determine the propriety of certain questions asked at an examination for discovery before trial.

The New Brunswick Court of Queen's Bench declared five out of nine questions improper. See the principles referred to in the topic headings below.

Practice - Topic 4181

Discovery - Examination - Objections to questions - Review of objections by a judge - The New Brunswick Court of Queen's Bench stated that the record of the examination should state the question asked and the objection taken for the benefit of the judge who hears an application respecting the validity of questions asked - See paragraph 5.

Practice - Topic 4251

Discovery - Range of examination - The New Brunswick Court of Queen's Bench stated that a defendant is entitled to ascertain on discovery an outline of the case the plaintiff intends to present at trial even though the questions by the defendant relate to facts within the knowledge of the defendant - See paragraph 8.

Practice - Topic 4253

Discovery - Range of examination - Names of witnesses - The New Brunswick Court of Queen's Bench held improper a question at an examination for discovery which required the disclosure of the names of witnesses - See paragraph 10.

Practice - Topic 4254

Discovery - Range of examination - Expert testimony - The New Brunswick Court of Queen's Bench held improper a question at an examination for discovery which required the disclosure of expert testimony - See paragraph 10.

Practice - Topic 4255

Discovery - Range of examination - Evidence - The New Brunswick Court of Queen's Bench held improper a question at an examination for discovery which supported the facts relied on - See paragraph 10.

Cases Noticed:

Hanson v. The Gleaner, Limited (1925), 52 N.B.R. 166, folld. [para. 1].

Saint John Shipbuilding and Drydock Co. v. Craig (1968), 1 N.B.R.(2d) 187; 1 D.L.R.(3d) 26, folld. [para. 1].

Counsel:

J. Turney Jones, Q.C., for the plaintiff;

William J. McNichol, for the defendant.

This application was heard by Stevenson, J., in chambers at Fredericton, N.B. on September 5, 1973. Judgment was delivered by Stevenson, J., on September 20, 1973.