Poff v. Great Northern Data Supplies (AB) Ltd. et al., 2015 ABQB 173

• Judge: Schutz, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 09, 2015
• Citations: 2015 ABQB 173;(2015), 613 A.R. 367 (QB)

Poff v. Great Northern Data Supplies (2015), 613 A.R. 367 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.138

Jacquelyne Poff (plaintiff) v. Great Northern Data Supplies (AB) Ltd., Great Northern Data Supply Co. Ltd., and Great West Life Assurance Company (defendants)

(1003 08286; 2015 ABQB 173)

Indexed As: Poff v. Great Northern Data Supplies (AB) Ltd. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Schutz, J.

March 16, 2015.

Summary:

The plaintiff became totally disabled and eligible for long term disability benefits from Great West Life Assurance Company through her employer Great Northern Data Supplies (AB) Ltd. (AlbertaCo). The plaintiff commenced an action against AlbertaCo, Great Northern Data Supplies and Great West Life, claiming that her benefits should have been higher because the employer provided incorrect salary information to the insurer. At issue was who was responsible for the alleged communication of erroneous salary information. After the close of pleadings, the plaintiff sought to amend her statement of claim to substitute Great Northern Data Supply Co. Ltd. ("NewCo") as a named defendant in place of the non-entity Great Northern Data Supplies. A Master in Chambers allowed the amendment such that NewCo was added as a defendant, but without prejudice to NewCo's right to raise a limitations defence. NewCo appealed. At issue was whether the plaintiff had met her burden under s. 6(4)(a) of the Limitations Act to satisfy the court that the added claim was related to the conduct, transaction or events described in the original pleading. Also at issue was whether the Master erred in permitting the plaintiff's amendments, while preserving NewCo's right to raise a limitations defence.

The Alberta Court of Queen's Bench held that the Master in Chambers was correct in deciding that the plaintiff had satisfied her burden. NewCo failed to satisfy the court that it did not receive sufficient knowledge of the facts and circumstances giving rise to the added claim within the applicable time (i.e., NewCo failed to meet its burden of proof). The court held, therefore, that the Master in Chambers did not err in allowing the plaintiff's added claim under s. 6(4) of the Limitations Act. However, the court held that the Master in Chambers' qualification that the amendments would be allowed without prejudice to NewCo's right to claim immunity from liability due to expiry of a limitation period, was not correct. In the result, the court dismissed the appeal and removed the qualification previously granted by the Master. Thus, NewCo could not claim immunity from the plaintiff's added claim by reason of a limitations defence, but had to defend the added claim on its merits.

Practice - Topic 666

Parties - Adding or substituting parties - Adding or substituting defendants - Application of limitation periods - See paragraphs 24 to 104.

Practice - Topic 672

Parties - Adding or substituting parties - Adding or substituting defendants - Circumstances when allowed - See paragraphs 24 to 104.

Words and Phrases

Added claim - The Alberta Court of Queen's Bench discussed the meaning of this phrase as it was used in the Limitations Act, R.S.A. 2000, c. L-12 - See paragraphs 44 to 51.

Words and Phrases

Claim - The Alberta Court of Queen's Bench discussed the meaning of this word as it was used in the Limitations Act, R.S.A. 2000, c. L-12 - See paragraphs 44 to 51.

Counsel:

Linda J. Houle, for the plaintiff, Ms. Jacquelyne Poff;

Christopher Dormer, for the defendant, Great Northern Data Supply Co. Ltd.

This appeal was heard on January 9, 2015, in Edmonton, Alberta, before Schutz, J., of the Alberta Court of Queen's Bench, who delivered the following decision on March 16, 2015.