NOVA SCOTIA COURT OF APPEAL
Citation: Nova Scotia (Attorney General) v. Royal & Sun Alliance Insurance
Co. of Canada, 2004 NSCA 150
Docket: CA 222063
Registry: Halifax
Between:
The Attorney General of Nova Scotia, representing Her
Majesty the Queen in Right of the Province of Nova Scotia
Appellant
v.
Royal & Sun Alliance Insurance Company of Canada,
Guardian Insurance Company of Canada, The Halifax
Insurance Company, Wellington Insurance Company,
General Accident Assurance Company of Canada and
Quebec Assurance Company
Respondents
Judge: The Honourable Justice Nancy Bateman
Appeal Heard: December 3, 2004
Subject: Interrogatories - Civil Procedure Rule 19.04
Summary: In an action against various insurers for failure to provide a defence to claims against the Province for institutional abuse, the Province sought to have two interrogatories answered. The Interrogatories asked for information from the insurers on what procedure the insurers used to settle past multi-party claims. The insurers refused to answer. The judge, exercising his discretion, dismissed the Province’s application to compel answers, finding the questions too broadly worded.
Issue: Did the judge err in declining to compel answers?
Result: Appeal dismissed. While not adopting all of the judge’s reasoning, the Court was not persuaded that in exercising his discretion not to require answers to the interrogatories as worded, the Chambers judge applied wrong principles of law or a patent injustice results from his ruling
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