Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Milburn v. Growthworks Canadian Fund Ltd., 2013 NSSC 69

 

Date: 20130220

Docket: Syd No. 296202

Registry: Halifax

 

 

Between:

 

Douglas Milburn, Ian Campbell, John Campbell, Norm

Carmichael, Marilyn Gillis, Gerry Haberer, Michael

Milburn, Thomas Murphy, John Ritter, Armin Schabel,

Frances Smith, Herman Koza, Roy MacNeil, Allan

MacMillan, Michelle Milburn, Milburn Family Trust, A.

Riberio Holdings, Karin Allen, Pat Archer, Mortimer

Brown, Elizabeth Carmichael, Dan Chobotiuk, Sion

Jennings, Elizabeth Lynk, Eleanor Mack, Christopher

Milburn, Colin Noble, Malcolm Noble, Alex Riberio,

Kevin Schabel, Tom Schneider, Hanna Shaheen, Maja-Lisa

Thomson, Jon Woeller, Kausar Mian, Donald Archer and

Norton Campbell

 

 

Plaintiffs

v.

 

GrowthWorks Canadian Fund Ltd., Englefield House No.

4 Inc., Walsingham Fund, Richard Black, Alisha Hirsch,

Scott Pelton, Tom Saunders, John Gardner and Vince

Mifsud

 

Defendants

 

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                           February 14, 2013 (in Chambers), in Halifax, Nova Scotia


Decision:                        February 20, 2013 (Orally)

 

Written Release

of Decision:           February 27, 2013

 

Subject:                          Civil Procedure - Directions for Disclosure - CPR 15.07

Representative Proceedings - CPR 68.08                

 

Summary:                      Individual plaintiffs made a motion to appoint a representative plaintiff under CPR 68.08.  Primary purpose was to avoid having to produce individual affidavits disclosing documents.  Alternatively, they sought directions to avoid individual affidavits by having a consolidated disclosure affidavit.

 

Issue:                    Should a representative plaintiff by appointed?

Should the plaintiffs by exempt from providing individual affidavits disclosing documents?    

 

Result:                           In the circumstances, the Court was not prepared to appoint a representative under CPR 68.08.  The motion was motivated by desire to avoid individual disclosure.  The plaintiffs were not an appropriate representative group and there were issues with the adequacy of notice.

 

The plaintiffs had already disclosed documents in their possession and control.  The burden of producing individual affidavits was not shown to be significant in the context of the allegations in this proceeding.  Motion for directions dismissed.

 

 

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