Damiani v. Anderson, (1977) 4 A.R. 187 (CA)

• Judge: McGillivray, C.J.A., Prowse and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 19, 1977
• Jurisdiction: Alberta
• Citations: (1977), 4 A.R. 187 (CA)

Damiani v. Anderson (1977), 4 A.R. 187 (CA)

MLB headnote and full text

Damiani et al. v. Anderson, McKay and County of Ponoka No. 3

Indexed As: Damiani et al. v. Anderson, McKay and Ponoka (County) No. 3

Alberta Supreme Court

Appellate Division

McGillivray, C.J.A., Prowse and Haddad, JJ.A.

April 19, 1977.

Summary:

This headnote contains no summary.

Practice - Topic 4243

Discovery - Examination, persons who may be examined - Corporations - Designation of an officer of a corporation for purposes of examination for discovery - The plaintiff claimed against the defendant municipality for damages arising out of a motor vehicle accident - Pursuant to the Rules of Court the municipality designated an employee to be examined for discovery - Later the plaintiff applied for an order for examination of another employee who allegedly had personal knowledge of the issues in the action - The Alberta Court of Appeal dismissed the plaintiff's application because a corporation should be permitted to select the person who speaks for it at an examination for discovery and that such selection should not be lightly disturbed if the selection was made honestly and bona fide - See paragraph 11 - The Alberta Court of Appeal stated that there was nothing before the court to show that the required information could not be obtained from the officer selected by the municipality.

Cases Noticed:

McDougall and Secord Limited v. Merchants Bank of Canada, [1919] 1 W.W.R. 830, folld. [para. 11].

Pelican Oil and Gas Co. v. Nor. Alta. Gas v. Dev. Co., [1918] 1 W.W.R. 957, folld. [para. 11].

Statutes Noticed:

Rules of Court (Alta.), rule 214 [para. 2].

Counsel:

A.D. MacLeod, for the plaintiffs;

A.D. Hunter, for the defendants;

H.L. Irving, Q.C., for the respondent.

The judgment of the Alberta Court of Appeal was delivered by PROWSE, J.A., at Calgary, Alberta, on April 19, 1977.