Pelletier v. Uteck, (2013) 412 Sask.R. 150 (QB)

• Judge: Sandomirsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 28, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 412 Sask.R. 150 (QB);2013 SKQB 29

Pelletier v. Uteck (2013), 412 Sask.R. 150 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. FE.021

Ralph Pelletier (plaintiff) v. Sharon Uteck (defendant)

(2002 Q.B.G. No. 126; 2013 SKQB 29)

Indexed As: Pelletier v. Uteck

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

Sandomirsky, J.

January 28, 2013.

Summary:

Pelletier brought a defamation action against Uteck. He was permitted to amend his statement of claim based on his recent discovery of further allegedly defamatory letters and communications that had been written by Uteck. He asked Uteck to schedule and attend for further examination of discovery based on the new allegations but she refused. He moved for an order citing Uteck in contempt of court and alternatively for an order allowing further examination of Uteck.

The Saskatchewan Court of Queen's Bench held that Uteck was not in contempt of court because she had not been legally compelled to attend an appointment for discovery. The court ordered Uteck to attend at examination for discovery on the new allegations in the amended statement of claim.

Contempt - Topic 1003

What constitutes contempt - Legal process - Discovery - Pelletier brought a defamation action against Uteck - He was permitted to amend his statement of claim based on his recent discovery of further allegedly defamatory letters and communications that had been written by Uteck - He asked Uteck to schedule and attend for further examination of discovery based on the new allegations but she refused - Pelletier moved for an order citing Uteck in contempt of court pursuant to Court of Queen's Bench Rule 231- Alternatively, Pelletier moved for an order allowing further examination of Uteck pursuant to rule 230 - The Saskatchewan Court of Queen's Bench held that Pelletier had misquoted or misunderstood rule 230 as it related to a further explanatory examination by a person's own counsel - Uteck was not in contempt of court because she had not been legally compelled to attend an examination for discovery - No appointment was taken out requiring her further attendance, and no order was applied for or granted pursuant to rules 227 and 228 - The proper procedure would have been for Pelletier to include a request for further examination of Uteck when he sought leave to amend his pleadings - Where a court had previously allowed an amendment to pleadings, a further right of examination for discovery followed - The court ordered Uteck to attend an examination for discovery based on the new allegations in the amended statement of claim.

Practice - Topic 2102

Pleadings - Amendment of pleadings - Procedure for - [See Contempt - Topic 1003 ].

Practice - Topic 4154

Discovery - General principles - Time for application for discovery - [See Contempt - Topic 1003 ].

Practice - Topic 4160

Discovery - General principles - When available - [See Contempt - Topic 1003 ].

Practice - Topic 4413

Discovery - Order for examination for discovery - Order for further examination - [See Contempt - Topic 1003 ].

Cases Noticed:

First City Trust Co. v. Dion et al. (1993), 117 Sask.R. 170 (Q.B.), refd to. [para. 7].

Chernesky v. Armadale Publishers Ltd., [1974] 3 W.W.R. 10; 45 D.L.R.(3d) 433 (Sask. Q.B.), revd. [1974] 6 W.W.R. 162; 53 D.L.R.(3d) 79 (C.A.), refd to. [para. 13].

Fink v. Wagner (1983), 30 Sask.R. 170 (Q.B.), refd to. [para. 13].

Klenman v. Schmidt (1911), 18 W.L.R. 393, (1910-11); 4 Sask. L.R. 366 (S.C.), refd to. [para. 13].

Authors and Works Noticed:

McKeague, Neva R., The Queen's Bench Rules of Saskatchewan: Annotated (3rd Ed. 2001), rule 222 [para. 11].

Counsel:

Richard Dudelzak, Q.C., for the plaintiff;

Amy Anderson, for the defendant.

This motion was heard by Sandomirsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, who delivered the following fiat on January 28, 2013.