Healy v. Halifax, (2015) 355 N.S.R.(2d) 245 (SC)

Judge:Pickup, J.
Court:Supreme Court of Nova Scotia
Case Date:January 23, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 355 N.S.R.(2d) 245 (SC);2015 NSSC 29
 
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Healy v. Halifax (2015), 355 N.S.R.(2d) 245 (SC);

      1123 A.P.R. 245

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. FE.007

Robert Healy and Anna Healy (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Robert F. Healy Insurance Agency Incorporated (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Douglas Tamlyn and Deborah Tamlyn (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Tamlyn Construction Limited and Aspen Resources Limited (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Donald Saunderson and Eileen Saunderson (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Martin Wexler and Cheryl Wexler (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Herman Hugenholtz and Beverley Ruth Hugenholtz (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Peter Hall (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Richard Bendor-Samuel and Stephanie Ouderkirk (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Brian Perry and Kelly Skelhorn (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Lyndsay Hugenholtz (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Eric Slone and Catherine Slone (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Beverley Sweetman (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

James Spurr and Valerie Spurr (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Robert Daniel Selkirk and Sonja McVeigh (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Aspen Resources Limited (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Miles Edward Gallagher (plaintiff) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

Lara Ryan and Brett Ryan (plaintiffs) v. Halifax Regional Municipality and Halifax Regional Fire and Emergency Service and the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (defendants)

(Hfx. No's. 328081; 328082; 328084; 328086; 328092; 328093; 328094; 328095; 328096; 328097; 328098; 328099; 328100; 328101; 328105; 328132; 328133; 333639; 2015 NSSC 29)

Indexed As: Healy v. Halifax (Regional Municipality) et al.

Nova Scotia Supreme Court

Pickup, J.

January 30, 2015.

Summary:

In April 2009 a forest fire damaged or destroyed several homes. The plaintiffs were the owners of those properties and alleged gross negligence on the part of Halifax Regional Municipality (HRM) and Halifax Regional Fire and Emergency Services (HRFES), et al. HRM moved for an order to revoke a non-party discovery subpoena issued on November 18, 2014, for a retired employee of HRM/HRFES.

The Nova Scotia Supreme Court dismissed the motion.

Practice - Topic 4234.1

Discovery - Examination - Persons who may be examined - Additional persons - A forest fire damaged or destroyed the plaintiffs' homes - The plaintiffs sued the Halifax Regional Municipality (HRM), the Halifax Regional Fire and Emergency Services (HRFES), et al. - HRM sought to revoke a non-party discovery subpoena respecting a retired employee of HRM/HRFES (i.e., the HRFES district captain at the time of the fire) - HRM claimed that submitting the employee to discovery was neither necessary or useful to advance the plaintiffs' claims - The Nova Scotia Supreme Court dismissed the motion - The retired employee had relevant and crucial evidence to offer and there was no other reasonable means to obtain that information from him other than discovery - By allowing the discovery to proceed, the court was satisfied that it would provide for the just, speedy and inexpensive determination of this matter - See paragraphs 15 to 40.

Cases Noticed:

Roué v. Nova Scotia et al. (2013), 336 N.S.R.(2d) 68; 1063 A.P.R. 68; 2013 NSSC 326, refd to. [para. 27].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 18 [para. 10]; rule 18.05 [para. 27].

Rules of Civil Procedure (N.S.) - see Civil Procedure Rules (N.S.).

Rules of Court (N.S.) - see Civil Procedure Rules (N.S.).

Counsel:

Phillip Chapman and Christine Nault, for the plaintiffs;

Michael Dunphy, Q.C., and Sandra Arab-Clarke, for the defendants, Halifax Regional Municipality and Halifax Regional Fire and Emergency Service;

Michael Pugsley, for the defendant, the Attorney General of Nova Scotia.

This motion was heard on January 23, 2015, in Halifax, Nova Scotia, before Pickup, J., of the Nova Scotia Supreme Court, who delivered the following decision on January 30, 2015.

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