Hunter v. Eck, Brown, Poss, Doe and Edmonton (City), (1976) 1 A.R. 524 (TD)
| Judge | McDonald, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | December 06, 1976 |
| Citations | (1976), 1 A.R. 524 (TD) |
Hunter v. Eck (1976), 1 A.R. 524 (TD)
MLB headnote and full text
Hunter v. Eck, Brown, Poss, Doe and the City of Edmonton
Indexed As: Hunter v. Eck, Brown, Poss, Doe and Edmonton (City)
Alberta Supreme Court
Trial Division
Judicial District of Edmonton
McDonald, J.
December 6, 1976.
Summary:
This headnote contains no summary.
Practice - Topic 4636
Discovery - Affidavit of documents - Duty respecting documents which a party has a right to inspect - Rules of Court (Alta.), Rule 186 - The plaintiff claimed damages from the City of Edmonton for assault and battery by police officers employed by the City of Edmonton - The plaintiff delivered a notice of affidavit of documents to the city - The city claimed that it did not have a right to any documents in the Police Department because of the existence of the Edmonton Police Commission - The Alberta Supreme Court, Trial Division, ordered that the affidavit of documents of the city include any documents in possession of any members of the police force - The Alberta Supreme Court stated that the city had a right to inspect documents in the possession of the police.
Cases Noticed:
McCleave v. City of Moncton (1902), 32 S.C.R. 106, refd to. [para. 11].
Bowles v. City of Winnipeg, [1919] 1 W.W.R. 198 (Man.), refd to. [para. 11].
Attorney General for New South Wales v. Perpetual Trustee Co. Ltd., [1955] A.C. 457 (P.C.), refd to. [para. 11].
Aikens v. City of Kingston and Police Commissioners of Kingston, [1923] 3 D.L.R. 869 (Orde J., Ont.), refd to. [para. 21].
Powlett v. University of Alberta, [1934] 2 W.W.R. 209 (Alta. App. Div.), refd to. [para. 21].
Statutes Noticed:
Rules of Court (Alta.), rule 186(1), rule 191, rule 209(1) [para. 10].
Police Act, S.A. 1974, c. 44, sect. 18, sect. 23, sect. 25, sect. 26, sect. 27 [para. 14].
Authors and Works Noticed:
Bray on Discovery (1885), p. 135 [para. 12].
Counsel:
P.G. Liser, for the plaintiff;
R. Haldane, for the defendants;
A.H. Lefever, for the Edmonton Police Commission.
The judgment of McDONALD, J., was delivered at Edmonton, Alberta, on December 6, 1976.
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Tasse v. Hoveland et al., (1992) 132 A.R. 117 (QBM)
...Ewatski and Edmonton (City) (1982), 47 A.R. 394 (Q.B.), refd to. [para. 46]. Hunter v. Eck, Brown, Poss, Doe and Edmonton (City) (1976), 1 A.R. 524; 1 Alta. L.R.(2d) 319 (T.D.), refd to. [para. Prue, Re (1984), 57 A.R. 140; 35 Alta. L.R.(2d) 169 (Q.B.), refd to. [para. 49]. Great Northern I......
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McAllister v. Calgary (City), 2012 ABCA 346
...that established the police service, as required by the disclosure rules at the time: Hunter v Eck (1977), 8 AR 508 (CA), affirming (1976), 1 A.R. 524; 75 DLR (3d) 101 (Alta QB). On the respondent's application for disclosure in this case, the Master considered himself bound by Hunter a......
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Caratozzolo v. Murdock, Ewatski and Edmonton (City), (1982) 47 A.R. 394 (QBM)
...3 D.L.R. 437, appld. [para. 3]. Buttrick v. City of Lowell, 1 Allen 172 (Mass.), appld. [para. 4]. Hunter v. Eck, Brown. Poss et al. (1976), 1 A.R. 524; 1 Alta. L.R.(2d) 318, affd. 8 A.R. 508, consd. [para. Attorney General and the Minister for Justice v. Dublin United Tramways Company (184......
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Hunter v. Eck, Brown, Poss, Doe and Edmonton (City), (1977) 8 A.R. 508 (CA)
...ordered that the affidavit of documents of the city include any documents in the possession of any members of the police force - see 1 A.R. 524. On appeal by the City of Edmonton to the Alberta Court of Appeal the appeal was dismissed and the judgment of the Trial Division was A motion for ......
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Tasse v. Hoveland et al., (1992) 132 A.R. 117 (QBM)
...Ewatski and Edmonton (City) (1982), 47 A.R. 394 (Q.B.), refd to. [para. 46]. Hunter v. Eck, Brown, Poss, Doe and Edmonton (City) (1976), 1 A.R. 524; 1 Alta. L.R.(2d) 319 (T.D.), refd to. [para. Prue, Re (1984), 57 A.R. 140; 35 Alta. L.R.(2d) 169 (Q.B.), refd to. [para. 49]. Great Northern I......
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McAllister v. Calgary (City), 2012 ABCA 346
...that established the police service, as required by the disclosure rules at the time: Hunter v Eck (1977), 8 AR 508 (CA), affirming (1976), 1 A.R. 524; 75 DLR (3d) 101 (Alta QB). On the respondent's application for disclosure in this case, the Master considered himself bound by Hunter a......
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Caratozzolo v. Murdock, Ewatski and Edmonton (City), (1982) 47 A.R. 394 (QBM)
...3 D.L.R. 437, appld. [para. 3]. Buttrick v. City of Lowell, 1 Allen 172 (Mass.), appld. [para. 4]. Hunter v. Eck, Brown. Poss et al. (1976), 1 A.R. 524; 1 Alta. L.R.(2d) 318, affd. 8 A.R. 508, consd. [para. Attorney General and the Minister for Justice v. Dublin United Tramways Company (184......
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Hunter v. Eck, Brown, Poss, Doe and Edmonton (City), (1977) 8 A.R. 508 (CA)
...ordered that the affidavit of documents of the city include any documents in the possession of any members of the police force - see 1 A.R. 524. On appeal by the City of Edmonton to the Alberta Court of Appeal the appeal was dismissed and the judgment of the Trial Division was A motion for ......