Stein et al. v. Thames Bend Hybrids Inc. et al., (1999) 138 Man.R.(2d) 296 (CA)

• Judge: Huband, Twaddle and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 01, 1999
• Jurisdiction: Manitoba
• Citations: (1999), 138 Man.R.(2d) 296 (CA)

Stein v. Thames Bend Hybrids (1999), 138 Man.R.(2d) 296 (CA);

    202 W.A.C. 296

MLB headnote and full text

Temp. Cite: [1999] Man.R.(2d) TBEd. JN.020

Richard Allen Stein, Warren William Stein and Thames Bend Farms Limited (applicants/respondents) v. Thames Bend Hybrids Inc., Michael Van Schepdael and Patrick Wilfred O'Meara (respondents) and Keystone Pig of America Inc. and Keystone Pig Advancement Inc. (third parties/appellants)

(AI 99-30-04069)

Indexed As: Stein et al. v. Thames Bend Hybrids Inc. et al.

Manitoba Court of Appeal

Huband, Twaddle and Helper, JJ.A.

June 1, 1999.

Summary:

Richard Stein, William Stein, Van Schep­dael and O'Meara were shareholders, direc­tors and officers of TBH. The court granted the Steins an oppression remedy in respect of the conduct of Van Schepdael and O'Meara and ordered, inter alia, that Van Schepdael and O'Meara provide the Steins with an accounting of all profits made in respect of sales to TBH customers by Van Schepdael, O'Meara, Keystone and others, to the extent that such information was in the knowledge and control of Van Schepdael and O'Meara. The Steins sought an order requiring the Keystone companies, not parties to the proceedings, to produce for inspection documents necessary to account for all profits made by the Keystone com­panies. Only the Keystone companies could produce the documents in question.

The Manitoba Court of Queen's Bench, in a decision reported at 133 Man.R.(2d) 152, exercised its inherent jurisdiction to grant the order that the Keystone companies produce the requested documents. The Keystone companies appealed.

The Manitoba Court of Appeal dismissed the appeal.

Courts - Topic 2004

Jurisdiction - Inherent jurisdiction - [See Practice - Topic 4604 ].

Practice - Topic 4603

Discovery - Production of documents by nonparties - Jurisdiction - [See Practice - Topic 4604 ].

Practice - Topic 4604

Discovery - Production of documents by nonparties - When ordered - Richard Stein, William Stein, Van Schepdael and O'Meara were shareholders, directors and officers of TBH - The court granted the Steins an oppression remedy in respect of the conduct of Van Schepdael and O'Meara and ordered, inter alia, that Van Schepdael and O'Meara provide the Steins with an accounting of all profits made in respect of sales to TBH customers by Van Schepdael, O'Meara, Keystone and others, to the extent that such information was in the knowledge and control of Van Schep­dael and O'Meara - The Steins sought an order requiring the Keystone companies, not parties to the proceedings, to produce for inspection documents necessary to account for all profits made by the Key­stone companies - Only the Keystone companies could produce the documents in question - The Manitoba Court of Queen's Bench exercised its inherent jurisdiction to grant the order that the Keystone com­panies produce the requested documents - The Manitoba Court of Appeal affirmed the decision.

Counsel:

J.H. Saper, for the appellants;

D.J. Kroft, for the respondents;

M.A. Thomson, for M. Van Schepdael and P.W. O'Meara.

This appeal was heard on June 1, 1999, before Huband, Twaddle and Helper, JJ.A., of the Manitoba Court of Appeal. The fol­lowing judgment of the Court of Appeal was delivered orally by Huband, J.A., on the same date.