Patterson v. Bodman
- Citation
- 2014 BCSC 1131
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 20 June 2014
- Posture
- Civil Interlocutory Application to Set Aside Addition of Further Third Party / Interlocutory / Pre Trial
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 20 June 2014
- Posture
- Civil Interlocutory Application to Set Aside Addition of Further Third Party / Interlocutory / Pre Trial
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Master exercised discretion to set aside the March 26, 2014 order adding Patricia Nielsen as a further third party because the matter was set for trial later in the year and an immediate determination was required to assist the parties; accordingly the March 26 order was vacated.
Court disposition
Order of March 26, 2014 adding Patricia Nielsen as a further third party set aside
Orders
- The order of March 26, 2014 adding Patricia Nielsen as a further third party is set aside.
- Further submissions are allowed respecting costs.
- Reasons for judgment to follow.
02
Material facts
Parties
Donalyn Gayle Patterson
Plaintiff Counsel: B.R. Brooke; J.J. NieuwenbergPeter John Bodman
DefendantCanadian Road Leasing Company/Compagnie de Location Canadian Road
Defendant Counsel: R.F. Hungerford; M. ManolisCanadian Road Holdings Company
Defendant Counsel: R.F. Hungerford; M. ManolisFord Credit Canada Limited/Credit Ford du Canada Limitee
Defendant Counsel: R.F. Hungerford; M. ManolisCara Operations Limited/Enterprises Cara Limitee dba Kelsey's
Defendant Counsel: M. O'MearaHer Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Transportation and Infrastructure
DefendantInsurance Corporation of British Columbia
Third Party Counsel: R.F. Hungerford; M. ManolisCara Operations Limited/Enterprises Cara Limitee dba Kelsey's
Third Party Counsel: M. O'MearaPatricia Nielsen
Further Third Party Counsel: S. HarcusPeter John Bodman
Further Third Party03
Procedural history
Posture
Civil Interlocutory Application to Set Aside Addition of Further Third Party / Interlocutory / Pre Trial
04
Questions and positions
Legal issues
Whether the March 26, 2014 order adding Patricia Nielsen as a further third party should be set aside
Party arguments
- Applicant
- Patricia Nielsen applied to set aside or vacate the March 26, 2014 order adding her as a further third party and argued the order was erroneous and should be discharged.
- Respondent
- The applicants/respondents who sought to add Nielsen argued that the order adding her as a further third party was proper and should remain in place.
05
Court’s reasoning
Legal principles
- 01
Court's inherent discretion and civil procedure practice
Court has discretion to set aside or vary interlocutory orders
- 02
Case management principles and trial readiness considerations
Court should consider expedition and prejudice where matter is approaching trial
06
Ratio, limits and disposition
Ratio decidendi
Master exercised discretion to set aside the March 26, 2014 order adding Patricia Nielsen as a further third party because the matter was set for trial later in the year and an immediate determination was required to assist the parties; accordingly the March 26 order was vacated.
Obiter and limits
- Reasons for the decision will follow
- Further submissions are allowed on the question of costs
Court disposition
Order of March 26, 2014 adding Patricia Nielsen as a further third party set aside
- The order of March 26, 2014 adding Patricia Nielsen as a further third party is set aside.
- Further submissions are allowed respecting costs.
- Reasons for judgment to follow.
Source and reliance status
Supreme Court of British Columbia · 20 June 2014
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 20 June 2014
2014 BCSC 1131 Patterson v. Bodman
IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Patterson v. Bodman, 2014 BCSC 1131 Date: 20140620 Docket: S112181 Registry: Vancouver Between: Donalyn Gayle Patterson Plaintiff And Peter John Bodman, Canadian Road Leasing Company/Compagnie de Location Canadian Road, Canadian Road Holdings Company, Ford Credit Canada Limited/Credit Ford du Canada Limitee, Cara Operations Limited/Enterprises Cara Limitee dba Kelsey's and Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Transportation and Infrastructure Defendants And Insurance Corporation of British Columbia and Cara Operations Limited/Enterprises Cara Limitee dba Kelsey's and Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Transportation and Infrastructure Third Parties And Patricia Nielsen Further Third Party And Peter John Bodman Further Third Party Before: Master D. C. Baker Reasons for Judgment Counsel for the Plaintiff: B.R. Brooke and J.J. Nieuwenberg Counsel for the Defendant Cara Operations Ltd.: Counsel for Defendants Canadian Road Leasing Company, Canadian Road Holdings Company, Ford Credit Canada Limited and Insurance Corporation of B. C.: Counsel for Third Party Patricia Nielsen: S. Harcus R.F. Hungerford and M. Manolis M. O'Meara Place and Date Hearing: Vancouver, B.C. June 12 and 16, 2014 Place and Date of
Judgment: Vancouver, B.C. June 20, 2014 [1] On March 26, 2014 I granted the application of the third party Insurance Corporation of British Columbia and the defendant Canadian Road Leasing Company to add Patricia Nielsen as a further third party. [2] On June 12 and 16 I heard an application by Ms. Nielsen to set aside or vacate that order. Arguments were thorough and detailed, but as the matter is set for trial in October of this year time is pressing and an early decision would clearly assist all parties. [3] I have therefore elected to give my decision as soon as possible, with reasons to follow. My decision therefore is to set aside my order of March 26, 2014 adding Ms. Nielsen as a further third party. My reasons will follow. I will allow further submissions in any event respecting costs. "D. C. Baker, M."
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