Hunter v. Eck, Brown, Poss, Doe and Edmonton (City), (1977) 8 A.R. 508 (CA)

• Judge: Lieberman, Moir and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 19, 1977
• Citations: (1977), 8 A.R. 508 (CA)

Hunter v. Eck (1977), 8 A.R. 508 (CA)

MLB headnote and full text

Hunter v. Eck, Brown, Poss, Doe and City of Edmonton

Indexed As: Hunter v. Eck, Brown, Poss, Doe and Edmonton (City)

Alberta Supreme Court

Appellate Division

Lieberman, Moir and Haddad, JJ.A.

September 19, 1977.

Summary:

This case arose out of an action for damages against 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 have the right to any document 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 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 affirmed.

A motion for leave to appeal to the Supreme Court of Canada by the City of Edmonton was dismissed by Martland, Dickson and Estey, JJ., on December 19, 1977 - see Bulletin of Proceedings taken in the Supreme Court of Canada dated December 22, 1977 at page 3.

Practice - Topic 4636

Discovery - Affidavit of documents - Duty respecting documents which a party has a right to inspect - Rules of Court (Alta.), Rule 188 - 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 the right to any documents in the police department because of the existence of the Edmonton Police Commission - The Alberta Court of Appeal affirmed an order of the Trial Division of the Alberta Supreme Court which ordered that the affidavit of documents of the city include any documents in the possession of any members of the police force.

Words and Phrases

Possession - The Alberta Court of Appeal discussed the meaning of the word "possession" as found in Rule 188 of the Alberta Rules of Court.

Statutes Noticed:

Rules of Court (Alta.), rule 188.

Counsel:

P.G. Lister, for the plaintiff, Hunter;

R. Haldane, for the appellant, City of Edmonton;

A.H. Lefever, for the Edmonton Police Commission.

This appeal was heard by LIEBERMAN, MOIR and HADDAD, JJ.A., at Edmonton, Alberta on September 19, 1977. The judgment of the Alberta Court of Appeal was delivered from the bench by LIEBERMAN, J.A., on September 19, 1977.