Commerce General v. Wandlyn, [1968] N.B. Law News No. 48 (CA)

• Judge: Bridges, C.J.N.B., Cormier, Ad Hoc, & Ritchie, J.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 02, 1968
• Jurisdiction: New Brunswick
• Citations: [1968] N.B. Law News No. 48 (CA)

Commerce General v. Wandlyn, [1968] N.B. Law News No. 48 (CA)

MLB Law News

Commerce General Insurance Co. et al. v. Wandlyn Motels Ltd. and W. Hedley Wilson Ltd.

Indexed As: Commerce General Insurance Co. et al. v. Wandlyn Motels Ltd. et al.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Cormier, Ad Hoc, & Ritchie, J.A.

April 2, 1968.

Summary:

Rules of Court, O. 58, r. 2(1) - Application by W. Hedley Wilson Ltd. for order declaring that it is not a proper party to the appeal proceedings before the court was disallowed. Notice of Appeal by insurance company appellants was properly served as W. Hedley Wilson Ltd. was a party directly effected by the appeal of the insurance companies for if the appeal of the insurance companies was allowed the order for costs of W. Hedley Wilson Ltd. should not stand. Court referred to Johnson v. Town of Petrolia, (1897) 17 Ontario Practice Reports, 332.

See N.B. Law News 67-122.

Counsel:

Horace Hanson, Q.C., for W. Hedley Wilson Ltd., applicant;

Charles A. Sargeant, for Wandlyn Motels Ltd.

This appeal was heard before Bridges, C.J.N.B., Cormier, Ad Hoc, & Ritchie, J.A., of the New Brunswick Supreme Court, Appeal Division, who delivered the following decision on April 2, 1968.