Zimmerman et al. v. Superintendent of Pensions (Ont.) et al., (1990) 41 O.A.C. 78 (DC)

• Judge: Carruthers, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 11, 1990
• Jurisdiction: Ontario
• Citations: (1990), 41 O.A.C. 78 (DC)

Zimmerman v. Supt. of Pensions (1990), 41 O.A.C. 78 (DC)

MLB headnote and full text

Karl Zimmerman, Albert Taylor, Joseph McCloskey, Ernest J. Percy and James Hughes (applicants) v. Superintendent of Pensions for Ontario and General Motors of Canada Ltd. (respondents)

(540/90)

Indexed As: Zimmerman et al. v. Superintendent of Pensions (Ont.) et al.

Ontario Court of Justice

General Division

Divisional Court

Carruthers, J.

September 19, 1990.

Summary:

The applicants applied for judicial review of certain decisions made by the Ontario Superintendent of Pensions respecting the obligations of General Motors towards the pension plan it had for its employees. General Motors sought to examine the Superintendent's former legal counsel, who was now employed by the applicants' solicitors, as a witness with respect to the issues raised in the application for judicial review. General Motors subpoenaed her as a witness. The applicants applied to have that subpoena quashed as an abuse of process. General Motors applied to have the applicants' solicitors of record removed.

A judge of the Ontario Court of Justice, General Division (Divisional Court), held that the potential witness should be permitted to testify now with respect to the issues in both applications. The court adjourned the application of General Motors sine die.

Evidence - Topic 4403

Witnesses - Testimony - Time for - The applicants sought judicial review of certain decisions of the Superintendent of Pensions respecting the obligations of GM towards its employees' pension plan - GM subpoenaed the Superintendent's former legal counsel as a witness; this person was now employed by the applicants' solicitors - A judge of the Ontario Divisional Court held that GM's former counsel should be permitted to testify now, as she was willing to do, respecting the issues in the pending judicial review application and in those arising from GM's application to have the applicants' solicitors removed from the record because of potential conflict of interest.

Counsel:

Donald J.M. Brown, Q.C., for the applicants and Susan Rowland;

J. Edgar Sexton, Q.C., and Frederick L. Myers, for the respondent, General Motors of Canada Ltd.;

Michael W. Bader, Q.C., for the respondent, Superintendent of Pensions for Ontario.

These applications were heard before Carruthers, J., of the Ontario Court of Justice, General Division (Divisional Court), on September 11, 1990. The decision of Carruthers, J., was delivered orally and released on September 19, 1990.