Dabrowski Estate v. York Structural Steel Ltd. et al., (1994) 155 N.B.R.(2d) 14 (TD)

• Judge: Deschênes, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 07, 1994
• Jurisdiction: New Brunswick
• Citations: (1994), 155 N.B.R.(2d) 14 (TD)

Dabrowski Estate v. York Steel (1994), 155 N.B.R.(2d) 14 (TD);

    155 R.N.-B.(2e) 14; 398 A.P.R. 14

MLB headnote and full text

[French language version follows English language version]

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

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Cristina Seri, as Executrix of the Estate of the late Robert F. Dabrowski (plaintiff) v. York Structural Steel Ltd., Stanley Peterson, Marc King, Syd Stafford and The Province of New Brunswick (defendants)

(B/C/377/94)

Indexed As: Dabrowski Estate v. York Structural Steel Ltd. et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Deschênes, J.

November 18, 1994.

Summary:

A widow, the executrix of her husband's estate, sued several defendants for damages after her husband's fatal accident. She moved to add a defendant after the limitation period had expired.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the motion.

Practice - Topic 666

Parties - Adding or substituting parties - Adding or substituting defendants - Ap­plication of limitation periods - A widow sued several defendants, including York Steel, after her husband's fatal accident - She alleged that York Steel owned the vehicles involved in the accident - She learned that York Equipment, a related company, owned the vehicles and leased them to York Steel - After the expiry of the two year limitation period, she applied to add York Equipment as a defendant - The New Brunswick Court of Queen's Bench, Trial Division, held that there were sufficient special circumstances to allow the addition of a defendant, i.e., the pro­posed defendant was aware, well within the limitation period, of the specific nature of the claim and the proposed defendant would not be prejudiced.

Cases Noticed:

O'Brien v. Stephen et al. (1994), 142 N.B.R.(2d) 227; 364 A.P.R. 227 (C.A.), refd to. [para. 2].

Statutes Noticed:

Fatal Accidents Act, R.S.N.B. 1973, c. F-7, sect. 8(4) [para. 5].

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 267 [para. 4].

Survival of Actions Act, R.S.N.B. 1973, c. S-18, generally [para. 4].

Counsel:

Paula E. Barnsley and Frederick C. McElman, for the plaintiff;

Catherine M. Bowlen, for York Structural Steel and Stanley Peterson;

Douglas A.M. Evans, Q.C., for Marc King;

Harry H. Williamson, Q.C., for Syd Staf­ford;

William A. Anderson, for the Province of New Brunswick;

Howard A. Spalding, for York Equipment Ltd.

This motion was heard on November 7, 1994, before Deschênes, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following judgment on No­vember 18, 1994.