MacNeil v. Nova Scotia (Attorney General)

MacNeil v. Nova Scotia (Attorney General)

Disclosure lists and affidavits of documents are not required before a summary judgment motion; where the documents sought are not relevant and production would be disproportionate to the issues, the presumption under Rule 14.08(1) is rebutted and production can be denied; the summary judgment motion can be decided on the materials filed; cross-examination of affiants was ordered and costs of $300.00 were awarded to each party payable forthwith.

Citation
2010 NSSC 138
Parties
Plaintiff/applicant: Wilfred MacNeil; Defendant/respondent: The Attorney General of Nova Scotia representing Her Majesty the Queen in right of the Province of Nova Scotia; Defendant/respondent: Nova Scotia Teachers Union; Defendant/respondent: Strait Regional School Board
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 April 2010
Procedural Posture
Civil Summary Judgment Motion / Pre Summary Judgment Motion Seeking Production and Cross Examination
Outcome
Plaintiff's request for production of documents before the summary judgment motion denied; affiants to be produced for cross-examination; summary judgment motions to proceed with existing materials
Legal Topics
Summary Judgment, Production of Documents, Collective Agreement, Jurisdiction, Costs, Civil Procedure Rules
Source Language
English
Labour and Employment Law Civil Procedure Administrative Law Summary Judgment Production of Documents Collective Agreement Jurisdiction Costs +1 more

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Parties

Wilfred MacNeil

Plaintiff/applicant

The Attorney General of Nova Scotia representing Her Majesty the Queen in right of the Province of Nova Scotia

Defendant/respondent

Nova Scotia Teachers Union

Defendant/respondent

Strait Regional School Board

Defendant/respondent

Procedural Posture

Civil Summary Judgment Motion / Pre Summary Judgment Motion Seeking Production and Cross Examination

Legal Issues

  1. 1 Whether plaintiff entitled to production of documents before a summary judgment motion
  2. 2 Whether the presumption under Rule 14.08(1) requires disclosure prior to summary judgment
  3. 3 Whether the documents sought are relevant and proportionate to the issues

Ratio Decidendi

Disclosure lists and affidavits of documents are not required before a summary judgment motion; where the documents sought are not relevant and production would be disproportionate to the issues, the presumption under Rule 14.08(1) is rebutted and production can be denied; the summary judgment motion can be decided on the materials filed; cross-examination of affiants was ordered and costs of $300.00 were awarded to each party payable forthwith.

Court Disposition

Plaintiff's request for production of documents before the summary judgment motion denied; affiants to be produced for cross-examination; summary judgment motions to proceed with existing materials

Orders

  • Affiants shall be produced for cross-examination on the summary judgment motion.
  • The plaintiff's motion for production of the requested documents before the summary judgment motion is dismissed as unnecessary and disproportionate.