Bronson v. Tompkins Ranching Ltd.

Bronson v. Tompkins Ranching Ltd.

TRL is not bound by findings of the prior trial because it was not a party, had no sufficient identification or participation with the defendants' litigation team and could not be presumed to have waived participation; plaintiffs are individuals and no egregious circumstances justify security for costs; plaintiffs granted leave to amend pleadings to plead facts underlying claims against TRL before disclosure; examination for discovery of plaintiffs' counsel denied; costs reserved to trial judge.

Citation
2013 BCSC 846
Parties
Plaintiff: Thomas E. Bronson; Plaintiff: Lee B. Lewis; Plaintiff: Virginia L. Shaffer; Plaintiff: H. Davis Lewis, Jr.; Defendant: Tompkins Ranching Ltd.; Defendant: High & Wild Wilderness Safaris (2005) Inc.; Defendant: Jennifer Sue Lewis Browning; Defendant: Julie Anne Lewis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 May 2013
Procedural Posture
Civil: Trust and Breach of Fiduciary Duty; Application to Dismiss or Stay Second Action / Pre Trial Application Addressing Abuse of Process, Security for Costs, Pleadings, Discovery and Costs
Outcome
Application dismissed in part and determined in part: TRL not bound by prior trial findings; no security for costs ordered against plaintiffs; plaintiffs and defendants granted leave to amend pleadings; disclosure deferred until pleadings finalized; plaintiffs' counsel not ordered for discovery; costs reserved to...
Legal Topics
Breach of Trust, Issue Estoppel/relitigation, Security for Costs, Discovery of Counsel, Amendment of Pleadings
Source Language
English
Trusts and Fiduciary Duty Civil Procedure Costs and Security for Costs Abuse of Process Evidence and Discovery Breach of Trust Issue Estoppel/relitigation Security for Costs +2 more

Case Brief

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Parties

Thomas E. Bronson

Plaintiff

Lee B. Lewis

Plaintiff

Virginia L. Shaffer

Plaintiff

H. Davis Lewis, Jr.

Plaintiff

Tompkins Ranching Ltd.

Defendant

High & Wild Wilderness Safaris (2005) Inc.

Defendant

Jennifer Sue Lewis Browning

Defendant

Julie Anne Lewis

Defendant

Procedural Posture

Civil: Trust and Breach of Fiduciary Duty; Application to Dismiss or Stay Second Action / Pre Trial Application Addressing Abuse of Process, Security for Costs, Pleadings, Discovery and Costs

Legal Issues

  1. 1 Whether defendant Tompkins Ranching Ltd. (TRL) is bound by factual findings in prior trial to which it was not a party
  2. 2 Whether plaintiffs should be ordered to post security for costs or their lawyer be made liable for costs
  3. 3 Whether defendants are entitled to delivery of documents and whether pleadings must be amended

Ratio Decidendi

TRL is not bound by findings of the prior trial because it was not a party, had no sufficient identification or participation with the defendants' litigation team and could not be presumed to have waived participation; plaintiffs are individuals and no egregious circumstances justify security for costs; plaintiffs granted leave to amend pleadings to plead facts underlying claims against TRL before disclosure; examination for discovery of plaintiffs' counsel denied; costs reserved to trial judge.

Court Disposition

Application dismissed in part and determined in part: TRL not bound by prior trial findings; no security for costs ordered against plaintiffs; plaintiffs and defendants granted leave to amend pleadings; disclosure deferred until pleadings finalized; plaintiffs' counsel not ordered for discovery; costs reserved to...

Orders

  • TRL is not bound by findings of fact in the first action
  • Plaintiffs are not required to post security for costs