Walsh-Canadian Construction Co. v. Churchill Falls (Labrador) Corp., (1972) 3 Nfld. & P.E.I.R. 397 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 05, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 397 (NFSC)

Walsh-Cdn. v. Churchill (1972), 3 Nfld. & P.E.I.R. 397 (NFSC)

MLB headnote and full text

Walsh-Canadian Construction Company v. Churchill Falls (Labrador) Corporation Limited

Indexed As: Walsh-Canadian Construction Co. v. Churchill Falls (Labrador) Corp.

Newfoundland Supreme Court

In Chambers

Furlong, C.J.

September 5, 1972.

Summary:

This interlocutory application was made during an action commenced by the plaintiff building contractor for the recovery of additional costs incurred by the plaintiff under a construction contract. After an examination for discovery, interrogatories and a demand for particulars, the defendant brought an application by way of summons for an order for the inspection of "all the plaintiff's books of account". The trial court in the judgment set out below dismissed the application.

The trial court held that the other modes of inquiry taken and completed by the defendant provided the defendant with sufficient information to answer the plaintiff's case. The trial court set out the criteria to be considered in deciding whether inspection should be ordered - Paragraph 4.

Practice - Topic 4551

Discovery - Production and inspection of documents, general - Circumstances when available - Inspection of documents - Rules of Court, Order 28 - Defendant applied for inspection of "all the plaintiff's books of account" - Examination for discovery, interrogatories and particulars completed - Newfoundland Supreme Court held that the other modes of inquiry provided the defendant with sufficient information - Trial court dismissed application.

Statutes Noticed:

Rules of Court, Order 28.

Counsel:

John M. Green, for the plaintiff;

David L. Russell, for the defendant.