May et al. v. Circumpacific Energy Corp. et al., 2004 YKCA 5

JudgeProwse, Mackenzie and Low, JJ.A.
CourtCourt of Appeal (Yukon Territory)
Case DateMarch 08, 2004
Citations2004 YKCA 5;(2004), 195 B.C.A.C. 238 (YukCA)

May v. Circumpacific Energy (2004), 195 B.C.A.C. 238 (YukCA);

    319 W.A.C. 238

MLB headnote and full text

Temp. Cite: [2004] B.C.A.C. TBEd. MR.093

William May, Peter Weichler, Bert Peters, Robert Schiesser, Dan McCarthur and David Smiddy (respondents/petitioners) v. Circumpacific Energy Corporation (appellant/respondent)

(YU512; 2004 YKCA 5)

Indexed As: May et al. v. Circumpacific Energy Corp. et al.

Yukon Court of Appeal

Prowse, Mackenzie and Low, JJ.A.

March 15, 2004.


The petitioners applied for an order seek­ing, inter alia, to examine under oath three persons who were not parties to the pro­ceedings and who all resided outside the jurisdiction.

The Yukon Supreme Court granted the order under rule 52(8). The respondent appealed.

The Yukon Court of Appeal allowed the appeal and set aside the order.

Editor's Note: see also a prior related case at 191 B.C.A.C. 300; 314 W.A.C. 300.

Practice - Topic 4230

Discovery - Examination - Persons who may be examined - Nonparties - The peti­tioners' claim was for relief from alleged oppression under the Business Corporations Act - They obtained an order for the exam­ination under oath of three individuals, who were not parties, who had filed no material in the proceeding and who all lived outside the jurisdiction - The Yukon Court of Appeal set aside the order, ruling that it could not be enforced against these witnesses, in any event - The wit­nesses' apparent willingness to comply with the order on the condition that it protected them against claims by the com­pany for breach of confidentiality, did not justify the making of the order, which was incapable of enforcement in the event of non-compliance.

Cases Noticed:

United Services Fund (Trustee of) v. Richardson Greenshields of Canada Ltd. (1988), 23 B.C.L.R.(2d) 1 (C.A.), refd to. [para. 11].


W.G. Hopkins, for the appellant;

W.E.B. Code, for the respondents.

This appeal was heard before Prowse, Mackenzie and Low, JJ.A., of the Yukon Court of Appeal, at Vancouver, British Columbia, on March 8, 2004. The decision of the court was delivered on March 15, 2004.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT