IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Cherubini Metal Works Ltd. v. Nova Scotia (Attorney General), 2006 NSSC 181
Date: 20060517
Docket: SH 184701
Registry: Halifax
Between:
Cherubini Metal Works Limited, a body corporate
Plaintiff
v.
The Attorney General of Nova Scotia representing her
Majesty the Queen in Right of the Province of Nova Scotia,
The United Steel Workers of America and The United Steel
Workers of America, Local 4122
Defendants
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: May 15, 2006, in Halifax, Nova Scotia
Decision: May 17, 2006 (Orally) (Re: Application to Strike Notices of Examination)
Written Release: June 15, 2006
Subject: Practice - Discovery - Examination of Members of Administrative Tribunal
Summary: The plaintiff issued Notices of Examination for individuals who were members of the Board of Examiners appointed pursuant to the Stationary Engineers Act. The Attorney General applied to have the Notices of Examination struck.
Issue: Should the Notices of Examination by struck?
Result: Notices struck. Once a person for whom discovery is sought establishes he or she is to be examined as a decision maker, the onus then shifts to the person seeking the discovery to establish the proper evidentiary foundation. The proper evidentiary foundation was not established.
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