Irving Refining Ltd. v. Oil, Chemical and Atomic Workers International Union and Joseph McNeill, (1963) 6 N.B.R.(2d) 608 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 16, 1963
• Jurisdiction: New Brunswick
• Citations: (1963), 6 N.B.R.(2d) 608 (QB)

Irving Refining Ltd. v. OCAWIU (1963), 6 N.B.R.(2d) 608 (QB);

    6 R.N.-B.(2e) 608

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Irving Refining Ltd. v. Oil, Chemical & Atomic Workers International Union and Joseph McNeill

Indexed As: Irving Refining Ltd. v. Oil, Chemical and Atomic Workers International Union and Joseph McNeill

Répertorié: Irving Refining Ltd. v. Oil, Chemical and Atomic Workers International Union and Joseph McNeill

New Brunswick Court of Queen's Bench

Bridges, C.J.Q.B.D.

December 16, 1963.

Summary:

Résumé:

This case arose out of an application by the defendant trade union to set aside an order for substituted service. The trade union entered a conditional appearance. Only that portion of the judgment of the New Brunswick Court of Queen's Bench with respect to the validity of a conditional appearance is set out below.

Practice - Topic 3167

Conditional appearance - Validity and purpose of a conditional appearance in New Brunswick - The New Brunswick Court of Queen's Bench stated that a conditional appearance was valid and was in accord with New Brunswick practice even though a conditional appearance was not specifically authorized by the Rules of Court.

Cases Noticed:

Kover v. Reddy (1912), 81 L.J.K.B. 266, folld.

Hudson Bay Co. v. Pugsley (1888), 27 N.B.R. 15, folld.

Albert v. Fraser Companies Ltd. (1936), 11 M.P.R. 209, folld.

Donald C. Miller Ltd. v. Miramichi Air Services Ltd. (1960), 44 M.P.R. 287, folld.

Saulnier v. McCormick (1929), 1 M.P.R. 495, folld.

Statutes Noticed:

Supreme Court of Equity Act, C.S.N.B. 1903, c. 49, sect. 2.

Counsel:

A.B. Gilbert, Q.C., for the plaintiff;

Teed and Teed, for the defendants.