Plawiuk v. Canada Safeway Ltd., (1990) 115 A.R. 214 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 29, 1990
• Citations: (1990), 115 A.R. 214 (QBM)

Plawiuk v. Can. Safeway Ltd. (1990), 115 A.R. 214 (QBM)

MLB headnote and full text

Mary Plawiuk (plaintiff) v. Canada Safeway Limited (defendant)

(Action No. 9003-01826)

Indexed As: Plawiuk v. Canada Safeway Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Breitkreuz, Master in Chambers

November 29, 1990.

Summary:

The plaintiff in an action for damages under the Occupiers' Liability Act applied for production of certain maintenance records kept by the defendant.

A Master of the Alberta Court of Queen's Bench allowed the application in part.

Practice - Topic 4573

Discovery - What documents must be produced - Documents relating to matters in issue -The plaintiff sued the defendant store for damages under the Occupiers' Liability Act - The plaintiff allegedly tripped over a loose carpet - The plaintiff sought production of, inter alia, the defen­dant's sweeping logs - A Master of the Alberta Court of Queen's Bench ordered production of sweeping logs for the day of the accident and the two preceding days - The state of the premises before that time was irrelevant and those logs were there­fore not to be produced.

Cases Noticed:

Duret v. Calgary (City) (1990), 110 A.R. 304 (Q.B.), refd to. [para. 7].

Statutes Noticed:

Occupiers' Liability Act, R.S.A. 1980, c. O-3, sect. 5 [para. 1].

Counsel:

Dawn Pentelechuk (Duncan & Craig), for the plaintiff;

Don McGarvey (Cruickshank Karvellas), for the defendant.

This application was heard before Breitkreuz, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 29, 1990.