Stein et al. v. Thames Bend Hybrids Inc. et al., (1998) 133 Man.R.(2d) 152 (QB)

• Judge: Schulman, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: October 28, 1998
• Jurisdiction: Manitoba
• Citations: (1998), 133 Man.R.(2d) 152 (QB)

Stein v. Thames Bend Hybrids (1998), 133 Man.R.(2d) 152 (QB)

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. NO.035

Richard Allan Stein, Warren William Stein and Thames Bend Farms Ltd. (applicants) v. Thames Bend Hybrids Inc., Michael Van Schepdael and Patrick Wilfred O'Meara (respondents)

(CI 95-01-88439)

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

Manitoba Court of Queen's Bench

Winnipeg Centre

Schulman, J.

October 28, 1998.

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 exercised its inherent jurisdiction to grant the order that the Keystone companies produce the requested documents.

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.

Cases Noticed:

550551 Ontario Ltd. et al. v. Framingham et al. (1991), 46 O.A.C. 156; 2 O.R.(3d) 284 (Div. Ct.), refd to. [para. 6].

McPherson v. Institute of Chartered Ac­countants of British Columbia (1987), 15 B.C.L.R.(2d) 44 (S.C.), revd. (1988), 32 B.C.L.R.(2d) 328 (C.A.), refd to. [para. 8].

Authors and Works Noticed:

Jacob, The Inherent Jurisdiction of the Court, (1970) 23 Current Legal Problems 23, p. 25 [para. 10].

Counsel:

David J. Kroft, for the applicants;

Michael Thomson, for the respondents;

James H. Saper, for Keystone Pig of America Inc. and Keystone Pig Advance­ment Inc.

This motion was heard before Schulman, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the follow­ing decision on October 28, 1998.