IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Boutcher v. Clearwater Seafoods Ltd. Partnership, 2005 NSSC 252
Date: 20050622
Docket: SH 244471
Registry: Halifax
Between:
Cecil Boutcher and Clyde Knickle
Plaintiffs
v.
Clearwater Seafoods Limited Partnership
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: June 15, 2005 in Halifax, Nova Scotia
Written Decision: September 12, 2005
Subject: Severance/misjoinder: Rules 5.02 and 5.03
Summary: Employer terminated the employment of two fishing boat captains. They commenced action for negligent misrepresentation, wrongful dismissal and bad faith in the manner of their dismissal. Employer brings application for misjoinder.
Issue: Should severance be granted?
Result: No misjoinder: application dismissed. Onus on applicant to show misjoinder. Both causes of actions arose from the same transaction or series of transactions.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.