River Road Co-op Ltd. et al. v. Ultra Maintenance Ltd. et al., (1995) 164 N.B.R.(2d) 232 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 21, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 164 N.B.R.(2d) 232 (TD)

River Rd. Co-op v. Ultra Main. (1995), 164 N.B.R.(2d) 232 (TD);

    164 R.N.-B.(2e) 232; 421 A.P.R. 232

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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River Road Co-op Ltd. and Co-op Atlantic Ltd. (plaintiffs) v. Ultra Maintenance Ltd. (defendant) and Imperial Oil Limited, Mark A. Northrup, M.A.N. Enterprises Limited, Tow Tech Equipment Limited, Her Majesty the Queen as represented by the Minister of the Department of the Environment, Fundy Petroleum Services Ltd., a body corporate and the City of Saint John (third parties) and River Road Co-op Ltd. and Co-op Atlantic Ltd. (fourth parties)

(S/C/146/93)

Indexed As: River Road Co-op Ltd. et  al. v. Ultra Maintenance Ltd. et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

McLellan, J.

August 23, 1995.

Summary:

The defendant company installed under­ground gasoline piping and storage tanks for the plaintiffs. LeBlanc, an employee of the defendant, was in charge of the installation. The plaintiffs subsequently sued the defen­dant arising from alleged gasoline contami­na­tion of well water in the area and sought to examine LeBlanc for discovery on behalf of the defendant. LeBlanc had never been an officer, director or manager of the defendant. The defendant did not object to LeBlanc being examined as a witness, but objected to his being examined as someone on behalf of the defendant.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the plaintiffs' motion to examine LeBlanc.

Practice - Topic 4243

Discovery - Examination - Persons who may be examined - Corporations - Officer of - The defendant company installed underground gasoline piping and storage tanks for the plaintiffs - LeBlanc, an employee of the defendant, was in charge of the installation - The plaintiffs subsequently sued the defendant arising from alleged gasoline contamination of well water in the area and sought to ex­amine LeBlanc for discovery on behalf of the defendant - LeBlanc had never been an officer, director or manager of the defendant, but was in effect the on site manager of the installation - The New Brunswick Court of Queen's Bench, Trial Division, allowed the plaintiffs' motion to examine LeBlanc - LeBlanc was still employed by the defendant in charge of various matters and was thus still a "man­ager" of the defendant within rule 32.02(2).

Words and Phrases

Manager - The New Brunswick Court of Queen's Bench, Trial Division, considered the meaning of the word "manager" in rule 32.02(2) of the New Brunswick Rules of Court.

Words and Phrases

Officer - The New Brunswick Court of Queen's Bench, Trial Division, considered the meaning of the word "officer" in rule 32.02(2) of the New Brunswick Rules of Court.

Cases Noticed:

McLaughlin v. River Road Co-op Ltd. et al. (1988), 86 N.B.R.(2d) 65; 219 A.P.R. 65 (T.D.), refd to. [para. 3].

Donkin v. River Road Co-op et al. (1991), 116 N.B.R.(2d) 56; 293 A.P.R. 56 (T.D.), refd to. [para. 3].

Elliott v. Holmwood (1915), 25 D.L.R. 765 (B.C.S.C.), consd. [para. 7].

Kent Drugs Ltd. v. Kronson and 61462 Manitoba Ltd. (1986), 43 Man.R.(2d) 261; 12 C.P.C.(2d) 249 (C.A.), consd. [para. 8].

Bank of Montreal v. Stephen and Dobbin (1986), 76 N.B.R.(2d) 427; 192 A.P.R. 427 (C.A.), consd. [para. 10].

Buckley v. Students Union of St. Thomas University Inc. (1991), 120 N.B.R.(2d) 91; 302 A.P.R. 91 (T.D.), consd. [para. 11].

Statutes Noticed:

Rules of Court (N.B.), rule 32.02(2) [para. 6].

Counsel:

John P. Barry, Q.C., and David G. Gauthier, for the plaintiffs;

William J. McNichol, for the defendant;

James K. O'Connell, for Imperial Oil Limited;

David N. Rogers, for the City of Saint John.

This motion was heard on August 21, 1995, by McLellan, J., of the New Bruns­wick Court of Queen's Bench, Trial Divi­sion, Judicial District of Saint John, who delivered the following decision on August 23, 1995.