SUPREME COURT OF NOVA SCOTIA
Citation: Northern Pulp Nova Scotia Corporation v. D.R. Brenton Ltd.,
2011 NSSC 510
Date: 20110922
Docket: Pic No. 340973
Registry: Pictou
Between:
Northern Pulp Nova Scotia Corporation
Plaintiff
v.
D.R. Brenton Limited, carrying on business as
Don Breton’s Fire and Safety Equipment and
Don Brenton’s Fire Protection Equipment
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: September 22, 2011, in Pictou, Nova Scotia
Oral Decision: September 22, 2011
Written Decision: February 29, 2012
Subject: Striking discovery subpoenas, setting order for discovery.
Summary: The Defendant made a motion to strike discovery subpoenas issued by the Plaintiff and for an Order directing the order in which the witnesses would be discovered.
Issue: Whether the subpoenas should be struck, whether CP Rule 18.16 applied?
Result: Discovery subpoenas struck. Use of subpoenas to determine order in which witnesses to be discovered was not proper use of rule. Motion to determine order would have been correct procedure.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.