Greene v. New Brunswick (Attorney General) et al., (2014) 428 N.B.R.(2d) 204 (TD)

• Judge: Glennie, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 13, 2013
• Jurisdiction: New Brunswick
• Citations: (2014), 428 N.B.R.(2d) 204 (TD);2014 NBQB 168

Greene v. N.B. (A.G.) (2014), 428 N.B.R.(2d) 204 (TD);

    428 R.N.-B.(2e) 204; 1116 A.P.R. 204

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

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

Temp. Cite: [2015] N.B.R.(2d) TBEd. JA.006

Renvoi temp.: [2015] N.B.R.(2d) TBEd. JA.006

Evelyn Rebecca Greene (plaintiff) v. Province of New Brunswick, Attorney General for New Brunswick and Minister of Justice, Marie-Claude Blais, Bernard Richard, Francois Levert, Anne Bertrand, Kelly Lamrock, Former Attorney General for Province of New Brunswick, Madeleine Dube, Minister of Health, Mary Schryer, Ken Ross, Charles Murray, Robert Trevors, Minister of Public Safety, Kevin Mole, Asst. Deputy Minister Public Safety, Dick Isabelle, Director of Policing for the Minister of Public Safety, Bruce Fitch, Horizon Health Network (Zone 3) (A Regional Health Authority "B" of the Province of New Brunswick, Dr. Everett Chalmers Regional Hospital, Medavie Inc., Medavie Blue Cross, Donald J. Peters, Margaret Bannister & John Doe Son & His John Doe Friend, College of Physicians and Surgeons of New Brunswick, Dr. Ed Schollenberg, Dr. Lisa Sutherland, Dr. Manoj Bhargava, Dr. Kulli Poder, Dr. Stephen Smith, Dr. Paul Smythe, Dr. Robert Daigle, Dr. David Addleman, John Laidlaw, Matthew Tweedie, Michael Connors, Nurses Association of New Brunswick, Kevin Symes, Registrar Association of New Brunswick Licensed Practical Nurses, Association of New Brunswick Licensed Practical Nurses, Nancy Lindsay, Michelle Smith, Christa Morton, Nancy Chase, Anne Walsh, Andrea Gatto, Cheryl Mulholland, John Doe Security Guard No. 1, John Doe Security Guard No. 2, John Doe Police Officer No. 1, Eliza Margaret Drummond, Nicole Moore, Roger Labelle, Jill Cowie, Melody Austin, Michelle Tizzard, Nicole Tupper, Anne Elgee, Giselle McKnight, Alan Stephen, Pierre-Yves Julian, George McLellan, Dennis Boyce, Jennifer Marshall, Chrystal Dunphy, Robin O'Hara, Ambulance New Brunswick Inc., Chris Hood, Paramedic Association of New Brunswick, City of Fredericton, Barry MacKnight, Nancy Rideout, Andrew Phillips, Darryl Carter, Sebastien Blanchette, Philip Took, Stewart McKelvey, Clarence Bennett, Jane Doe Police Officer, John Doe Police Officer (No. 2), Rod Borden, Mavis Hurley, Rod Borden, David Ferguson, Michael Connors, Kevin Mole, Peter Seheult, Pierre Beaudoin, New Brunswick Police Commission, Nancy Lindsay, David Ferguson, Greg Zed, Jean Daigle (defendants)

(F/C/238/11; 2014 NBQB 168; 2014 NBBR 168)

Indexed As: Greene v. New Brunswick (Attorney General) et al.

Répertorié: Greene v. New Brunswick (Attorney General) et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Glennie, J.

June 30, 2014.

Summary:

Résumé:

The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick. She sought general damages, special damages, punitive damages, aggravated and exemplary damages and damages under s. 24(1) of the Charter and s. 52 of the Constitution of Canada. The defendants moved for an order striking the statement of claim under rules 27.09, 23.01(1) and 23.01(b) of the Rules of Court (N.B.).

The New Brunswick Court of Queen's Bench, Trial Division, allowed the motions and struck the statement of claim in it entirety.

Barristers and Solicitors - Topic 1601

Relationship with client - Conflict of interest - General - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff claimed that the defendant Bennett, a partner at the Stewart McKelvey law firm, violated the plaintiff's ss. 7, 10, 15 and 24(1) Charter rights when he (and the firm) refused to legally represent the plaintiff due to a conflict of interest - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim under rules 27.09(b) and 27.09(c) of the Rules of Court (N.B.) on the basis that it was plain and obvious that the action was scandalous, frivolous, vexatious and constituted an abuse of the process of the court - Bennett followed the correct and ethical procedure when checking to ascertain if a conflict existed before agreeing to act for a potential client - See paragraphs 143 to 148.

Crown - Topic 4542.1

Actions by and against Crown in right of a province - Capacity of Crown to be sued - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff claimed that the Access to Information and Privacy Commissioner of New Brunswick was verbally abusive against the plaintiff and gave her incorrect information - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - Pursuant to ss. 61 and 64(1) of the Right to Information and Protection of Privacy Act and ss. 61 and 65(1) of the Personal Health Information Privacy and Access Act, no proceedings laid against the Commissioner - The plaintiff had not alleged and had not pleaded facts that showed that the Commissioner had acted in bad faith, with malice, or without reasonable cause or without jurisdiction - Accordingly, the immunity provisions in these statutes disposed of the matter as against the Commissioner - See paragraphs 104 to 107 and 119 to 124.

Crown - Topic 4542.1

Actions by and against Crown in right of a province - Capacity of Crown to be sued - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff claimed that two former Ombudsmans (Richard and Levert) were corrupt - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - Pursuant to ss. 10 and 24(1) of the Ombudsman Act and s. 64(1) of the Right to Information and Protection of Privacy Act, no proceedings laid against Richard or Levert - Further, no action could be brought or maintained against Richard or Levert pursuant to s. 12(1) of the Inquiries Act - The plaintiff had not alleged and had not pleaded facts that showed that Richard and Levert had acted in bad faith, with malice, or without reasonable cause or without jurisdiction - Accordingly, the immunity provisions contained in these statutes disposed of the matter - See paragraphs 108 to 112 and 125 to 127.

Crown - Topic 4542.1

Actions by and against Crown in right of a province - Capacity of Crown to be sued - Statutory immunity - The New Brunswick Court of Queen's Bench, Trial Division, discussed statutory immunity provisions generally - See paragraphs 134 to 142.

Medicine - Topic 615

Governing bodies - General - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff claimed that the College of Physicians and Surgeons of New Brunswick violated her rights by failing to conduct a proper investigation of the doctors (Dr. Schollenberg and Dr. Sutherland) mentioned in her statement of claim - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - A substantial amount of the plaintiff's allegations against the College, Dr. Schollenberg and Dr. Sutherland arose out of their alleged failure to properly investigate the complaints submitted by the plaintiff - The plaintiff was statutorily barred from bringing an action for damages against the College, Dr. Schollenberg and Dr. Sutherland since every action or failure to act by them in the course of the performance of their duties or obligations as Registrar and a member of the Council under the Medical Act in addition to any decision made in the process was immune from action under s. 69 of the Medical Act - Further, none of the records, reports, orders, decisions or any other documents created throughout the process were admissible pursuant to s. 71.2(2) of the Medical Act - See paragraphs 58 to 92.

Medicine - Topic 4325

Liability of practitioners - Bars to actions - Statutory immunity - [See Medicine - Topic 615 ].

Medicine - Topic 6804

Nurses - General - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - Pursuant to s. 48 of the Nurses Act, the NANB was not liable for any loss or damage of any kind allegedly suffered or incurred by the plaintiff - The plaintiff had not alleged and had not pleaded facts that showed that the NANB had acted in bad faith - Accordingly, the immunity provision in the Nurses Act disposed of the matter - See paragraphs 116 to 118, 130 and 131.

Medicine - Topic 7463

Paramedics - Negligence - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - Pursuant to s. 44 of the Paramedic Act, Connors, Hood and the PANB were not liable for any loss or damage of any kind allegedly suffered or incurred by the plaintiff - The plaintiff had not alleged and had not pleaded facts that showed that Connors and Hood or the PANB had acted in bad faith - Accordingly, the immunity provision in the Paramedic Act disposed of the matter - See paragraphs 119 to 121, 132 and 133.

Ombudsman - Topic 3

General - Statutory immunity - [See second Crown - Topic 4542.1 ].

Police - Topic 5283

Actions against police - Defences - Statutory immunity - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - Pursuant to s. 33.1 of the Police Act, no action laid against Beaudoin, Seheult and the NBPC - The plaintiff had not alleged and had not pleaded facts that showed that Beaudoin and Seheult or the NBPC had acted in bad faith - Thus, the immunity provision in the Police Act disposed of the matter - See paragraphs 113 to 115, 128 and 129.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The defendants Province of New Brunswick and its officers and employees (including several Ministers) moved for an order striking the statement of claim under rules 27.09, 23.01(1) and 23.01(b) of the Rules of Court (N.B.) - The New Brunswick Court of Queen's Bench, Trial Division, allowed the motions and struck the statement of claim in it entirety - The statement of claim failed to disclose a cause of action and was scandalous, frivolous, vexatious and constituted an abuse of process - See paragraphs 12 to 55.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff also made allegations against the City of Fredericton and individual defendants asserting bodily injury, nervous shock, attempted culpable homicide, negligence, malicious prosecution, misfeasance in public office, false imprisonment, conspiracy, false information and negligent representation - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - The statement of claim failed to disclose a cause of action - See paragraphs 93 to 99.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The plaintiff made several claims under the Universal Declaration of Human Rights and the International Convention on Political and Civil Rights - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim, stating that "these international instruments do not create a cause of action within Canadian domestic law" - See paragraphs 172 to 179.

Practice - Topic 2231

Pleadings - Striking out pleadings - Grounds - False, frivolous, vexatious or scandalous - [See Barristers and Solicitors - Topic 1601 ].

Practice - Topic 2231

Pleadings - Striking out pleadings - Grounds - False, frivolous, vexatious or scandalous - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - The defendant Tweedie was a lawyer appointed as chairman of a Mental Health tribunal under the Mental Health Act - The plaintiff asserted that she suffered intolerable anxiety and emotional abuse as a result of Tweedie not ensuring that the rules under the Mental Health Act and other policies were being followed - The plaintiff asserted that Tweedie violated her ss. 7, 9, 10, 11, 12, 15, 24(1) Charter rights and s. 52 of the Constitution - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - The plaintiff and Tweedie had never met each other and there had never been any communication, or other interaction of any nature between the plaintiff and Tweedie such as to give rise to any cause of action - The plaintiff's action against Tweedie was based on her erroneous perception of the statutory duties imposed upon a chairman of a Mental Health tribunal pursuant to the Mental Health Act - There was no merit to the plaintiff's action against Tweedie - The plaintiff failed to plead any, or sufficient, facts in respect of Tweedie's alleged duty, such as to allege any viable or tenable cause of action against him - In addition, since the plaintiff's action had been issued without the consent of the Attorney General of New Brunswick as well as more than six months subsequent to the alleged events of December 2009 and January 2010, the plaintiff's action against Tweedie was proscribed and barred at law under s. 66(1), as well as s. 66(2) of the Mental Health Act - In the result, statement of claim against Tweedie was struck out pursuant to the inherent jurisdiction of the court and pursuant to rules 27.09(b) and 27.09(c) of the Rules of Court, on the basis that it was plain and obvious on the face of the plaintiff's statement of claim that the action against Tweedie was scandalous, frivolous, vexatious and constituted an abuse of process - See paragraphs 149 to 151.

Practice - Topic 2231

Pleadings - Striking out pleadings - Grounds - False, frivolous, vexatious or scandalous - The plaintiff brought an action against over 80 individuals and various legal entities in New Brunswick - Among the plaintiff's allegations was that certain of the defendants tried to murder her so that she would not repeat her allegations concerning corruption and a conspiracy involving Ambulance New Brunswick Inc., the police, and various New Brunswick government elected officials, employees and agencies - A great portion of the plaintiff's statement of claim alleged breaches of the Criminal Code of Canada and sought relief under the Code - The New Brunswick Court of Queen's Bench, Trial Division, struck the statement of claim - "[P]leading and relying upon the Criminal Code in a civil action is clearly improper and should be struck pursuant to Rule 27.09(b) of the Rules of Court" - See paragraphs 167 to 171.

Avocats et notaires - Cote 1601

Rapports avec le client - Conflit d'intérêts - Généralités - [Voir Barristers and Solicitors - Topic 1601 ].

Couronne - Cote 4542.1

Actions par et contre la Couronne du chef d'une province - Qualité de la Couronne à être poursuivie - Immunité - Immunité légale - [Voir Crown - Topic 4542.1 ].

Médecine - Cote 615

Organismes de réglementation - Généralités - Immunité légale - [Voir Medicine - Topic 615 ].

Médecine - Cote 4325

Responsabilité des practiciens - Action prescrite - Immunité légale - [Voir Medicine - Topic 4325 ].

Médecine - Cote 6804

Infirmiers et infirmières - Généralités - Immunité légale - [Voir Medicine - Topic 6804 ].

Médecine - Cote 7463

Personnel paramédical - Négligence - Immunité légale - [Voir Medicine - Topic 7463 ].

Ombudsman - Cote 3

Généralités - Immunité légale - [Voir Ombudsman - Topic 3 ].

Police - Cote 5283

Actions contre la police - Défenses - Immunité légale - [Voir Police - Topic 5283 ].

Procédure - Cote 2230

Plaidoiries - Radiation des plaidoiries - Motifs - Défaut de révéler une cause d'action ou un moyen de défense - [Voir Practice - Topic 2230 ].

Procédure - Cote 2231

Plaidoiries - Radiation des plaidoiries - Motifs - Demande fausse, frivole, vexatoire ou scandaleuse - [Voir Practice - Topic 2231 ].

Cases Noticed:

Drougov v. Ontario (Minister of Community Safety and Correctional Services) et al., [2008] O.T.C. Uned. 386; 2008 CanLII 6938 (S.C.), consd. [para. 63].

Deep v. Massel et al., [2007] O.T.C. Uned. F28; 2007 CanLII 27969 (S.C.), affd. [2008] O.A.C. Uned. 2; 2008 ONCA 4, refd to. [paras. 71, 74].

Deep v. College of Physicians and Surgeons (Ont.) et al., [2010] O.T.C. Uned. 5248; 2010 ONSC 5248, refd to. [para. 75].

Conroy v. College of Physicians and Surgeons (Ont.), [2011] O.T.C. Uned. 324; 2011 ONSC 324, consd. [para. 79].

Murray v. New Brunswick Police Commission (2012), 389 N.B.R.(2d) 384; 1008 A.P.R. 384; 2012 CanLII 34210 (C.A.), refd to. [para. 89].

Hamalengwa v. Bentley et al., [2011] O.T.C. Uned. 4145 (S.C.), refd to. [para. 136].

Sahyoun v. Broadfoot et al., [2008] B.C.T.C. Uned. G72 (S.C.), varied on the costs issue [2009] B.C.A.C. Uned. 125 (C.A.), leave to appeal refused (2010), 406 N.R. 398 (S.C.C.), refd to. [para. 138].

Harrison v. Camgoz et al. (1996), 151 Sask.R. 127 (Q.B.), refd to. [para. 139].

Boucher v. Milner (1997), 194 N.B.R.(2d) 59; 496 A.P.R. 59; 1997 CarswellNB 521 (C.A.), refd to. [para. 141].

Norris v. Lloyd's of London (1998), 205 N.B.R.(2d) 29; 523 A.P.R. 29 (C.A.), refd to. [para. 142].

Lawpost v. New Brunswick (1999), 214 N.B.R.(2d) 297; 547 A.P.R. 297 (T.D.), refd to. [para. 142].

Jones Masonry Ltd. v. Defence Construction (1951) Ltd. (2010), 353 N.B.R.(2d) 359; 910 A.P.R. 359 (C.A.), refd to. [para. 142].

Murray v. Fredericton (City) et al. (2012), 388 N.B.R.(2d) 332; 1006 A.P.R. 332 (T.D.), refd to. [para. 157].

Cannon v. Lange et al. (1998), 199 N.B.R.(2d) 168; 510 A.P.R. 168 (T.D.), revd. (1998), 203 N.B.R.(2d) 121; 518 A.P.R. 121 (C.A.), refd to. [para. 161].

New Brunswick v. Rothmans Inc. et al. (2010), 363 N.B.R.(2d) 341; 936 A.P.R. 341; 2010 NBQB 291, refd to. [para. 163].

Sewell v. Sewell (2007), 314 N.B.R.(2d) 330; 812 A.P.R. 330; 2007 NBCA 42, refd to. [para. 164].

Moncton Family Outfitters Ltd. et al. v. Schelew, [2005] N.B.R.(2d) Uned. 120; 2005 NBQB 273, refd to. [para. 165].

Michaud v. Robertson et al. (1991), 122 N.B.R.(2d) 117; 306 A.P.R. 117 (T.D.), refd to. [para. 166].

Regin Properties Ltd. v. Logics Inc., 1994 CarswellOnt 573, refd to. [para. 168].

Morgan v. Tumosa, 1963 CarswellOnt 281 (Ont. S.C.), refd to. [para. 170].

Admassu v. Wedge et al., [2009] O.J. No. 3256 (S.C.), affd. [2010] O.A.C. Uned. 126 (C.A.), refd to. [para. 171].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22; 1999 CanLII 699, refd to. [para. 174].

Reid v. Strata Plan LMS 2503, Owners et al., [2007] B.C.T.C. Uned. F23; 2007 BCSC 1396, refd to. [para. 175].

R. v. Desroches (M.J.) (1999), 223 N.B.R.(2d) 1; 572 A.P.R. 1 (C.A.), refd to. [para. 183].

R. v. Scott, [1990] 3 S.C.R. 979; 116 N.R. 361; 43 O.A.C. 277; 1990 CanLII 27, refd to. [para. 184].

University of New Brunswick Student Union Inc. et al. v. Smith (S.) et al.; University of New Brunswick Student Union Inc. et al. v. Vaillancourt et al. (1987), 81 N.B.R.(2d) 397; 205 A.P.R. 397 (T.D.), affd. (1989), 88 N.B.R.(2d) 39; 224 A.P.R. 39 (C.A.), refd to. [para. 185].

Perley v. Sypher et al. (1989), 96 N.B.R.(2d) 354; 243 A.P.R. 354 (T.D.), refd to. [para. 188].

Michaud v. Robertson et al. (1991), 122 N.B.R.(2d) 117; 306 A.P.R. 117 (T.D.), affd. (1992), 126 N.B.R.(2d) 247; 317 A.P.R. 247 (C.A.), refd to. [para. 194].

Miguna v. Toronto Police Services Board et al. (2008), 243 O.A.C. 62; 301 D.L.R.(4th) 540; 2008 ONCA 799, refd to. [para. 196].

Statutes Noticed:

Inquiries Act, R.S.N.B. 2011, c. 173, sect. 12(1) [para. 126].

Medical Act, S.N.B. 1981, c. 87, sect. 69 [para. 61]; sect. 71.2(1) [para. 70].

Nurses Act, S.N.B. 1984, c. 71, sect. 48 [para. 130].

Ombudsman Act, R.S.N.B. 1973, c. O-5, sect. 24(1) [para. 125].

Paramedic Act, S.N.B. 2006, c. 33, sect. 44 [para. 132].

Personal Health Information Privacy and Access Act, S.N.B. 2009, c. P-7.05, sect. 61 [para. 123]; sect. 65(1) [para. 122].

Police Act, S.N.B. 1977, c. P-9.2, sect. 33.1 [para. 128].

Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6, sect. 61 [para. 123]; sect. 64(1) [para. 122].

Authors and Works Noticed:

Fridman, G.H.L., The Law of Torts in Canada (3rd Ed. 2010), pp. 810 [para. 193]; 840 [para. 192].

Jacob, Jack, and Goldrein, Iain S., Pleadings: Principles and Practice (1990), pp. 221 [para. 180]; 222, 223 [para. 181]; 223 [para. 182].

Rainaldi, Linda D., Remedies in Tort (1987), pp. 16.I-40 [para. 190]; 10, 11 [para. 191].

Counsel:

Avocats:

Evelyn Rebecca Greene on her own behalf;

David T. Hashey, Q.C., on behalf of Ambulance New Brunswick Inc., Melody Austin, Margaret Bannister, Rod Borden, Dennis Boyce, Nancy Chase, Jill Cowie, Jean Daigle, Dr. Everett Chalmers Regional Hospital, Eliza Margaret Drummond, Chrystal Dunphy, David Ferguson, Andrea Gatto, Horizon Health Network (Zone 3), Regional Health Authority B of the Province of New Brunswick, Mavis Hurley, Roger Labelle, John Laidlaw, Nancy Lindsay, Jennifer Marshall, Nicole Moore, Christa Morton, Cheryl Mulholland, Donald J. Peters, Michelle Smith, Michelle Tizzard, Nichole Tupper, Anne Walsh and Greg Zed;

John P. Barry, Q.C,. on behalf of College of Physicians and Surgeons of New Brunswick, Dr. Ed Schollenberg and Dr. Lisa Sutherland;

Frederick C. McElman, Q.C., on behalf of Pierre Beaudin, Michael Connors, Chris Hood, Francois Levert, New Brunswick Police Commission, Nurses Association of New Brunswick, Paramedic Association of New Brunswick, Bernard Richard, Peter Seheult and Anne Bertrand;

Ronald J. Ashfield, Q.C., on behalf of Matthew Tweedie, Clarence Bennett and Stewart McKelvey;

Daniel R. Theriault, Q.C., on behalf of Kevin Symes and Association of New Brunswick Licensed Practical Nurses;

William E. Gould, on behalf of Province of New Brunswick, Attorney General, for New Brunswick, Minister of Justice, Marie-Claude Blais, Kelly Lamrock, former Attorney General for the Province of New Brunswick, Madeline Dube, Minister of Health;

Mary Schryer, Ken Ross, Charles Murray, Robert Trevors, Minister of Public Safety, Kevin Mole, Assistant Deputy Minister of Public Safety, Dick Isabelle, Director of Policing, for the Minister of Public Safety, Bruce Fitch and Elgee Giselle Millett;

Catherine A. Fawcett, on behalf of Dr. David Addleman, Dr. Manoj Bhargava, Dr. Robert Daigle and Dr. Kulli Poder;

Leanne Murray, on behalf of City of Fredericton, Barry McKnight, Nancy Rideout, Andrew Phillips, Darrell Carter, Sabastien Blanchett and Philip Toole;

Sasha D. Morisset, on behalf of Allen Stephen, Robin O'Hara, George McLellan, Pierre Yves Julien, Medavie Blue Cross and Medavie Inc.

These motions were heard on November 13, 2013, by Glennie, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton, who delivered the following decision on June 30, 2014.