Court of Appeal

CASE NO.                                         VOL. NO.                      PAGE

UNITED GULF DEVELOPMENT               - and -         LEGACY HOME

LIMITED, GREATER HOMES INC.,                    BUILDERS LIMITED

a body corporate, NAVID SABERI,

SAEID SABERI and MINA KARIMPOUR

Appellants                                                    Respondent

CA 179013                                         Halifax                            ROSCOE, J.A.

    (Orally)

      Citation: United Gulf Developments Ltd. v. Legacy Home Builders Ltd., 2002 NSCA 118

APPEAL HEARD:                                         October 3, 2002

JUDGMENT DELIVERED:                        October 3, 2002

WRITTEN RELEASE OF ORAL:   October 7, 2002

SUBJECT:                 PRACTICE, DISCOVERY OF PARTY

SUMMARY:  In an action for breach of contract the plaintiff sought to discover a person who was both a named defendant and a director of one of the defendant corporations. On a Chambers application to set aside the notice of examination for discovery, the president of the defendant corporation filed an affidavit saying that the person was a director in name only and had no relevant information regarding the dispute with the plaintiff. The Chambers judge refused the application to set aside the notice.

ISSUE:            Did the Chambers judge err?

RESULT:       Appeal dismissed with costs payable forthwith and in any event of the cause. The argument of the appellants is completely without merit and unpersuasive. The plaintiff is entitled to discover the named defendants. The extent of the party’s knowledge of the transactions at issue and of the general affairs of the corporation of which she is a director is of sufficient relevance.