| Case name: |
Minute Muffler Installations Ltd. v. Alberta (Minister of Housing and Public Works) |
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| Jurisdiction: |
Canada - Alberta |
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| Parties: |
Name |
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Appearing as |
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Minute Muffler Installations Ltd. |
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Appellant |
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Muffler House of Canada Ltd. |
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Appellant |
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Alberta (Minister of Housing and Public Works) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Clement, Carlton Ward |
J.A. |
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McClung, John Wesley |
J.A. |
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Stevenson, William Alexander |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Le Grandeur, J.N. |
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Appellant |
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Hnatiuk, Arthur P. |
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Respondent |
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| Decision: |
Appeal by the owner from an order of the Alberta Land Compensation Board directing that officers of the owner attend for examination for discovery. The question for consideration on the appeal was whether the Board had the power to order the production of an officer of a corporation to be examined for discovery. It was held that the Board's jurisdiction is established by the Expropriation Act, S.A. 1974, c. 27. Under this statute the Board has no express authority to order pre-trial discovery. Although the Act provides power to make regulations relating to discovery, no such regulations had been made. Thus the Board had no power to order examination of a corporate officer. The appeal was allowed. Costs were awarded to the owner on a solicitor and client basis. |
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| Neutral citation: |
1981 ABCA 167 |
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| ExLaw citation: |
[1981] EXLAW 16 |
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| Parallel citations: |
(1981) 9 A.C.W.S. (2d) 312 |
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[1981] A.J. No. 42 |
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(1981) 30 A.R. 447 |
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(1981) 16 Alta. L.R. (2d) 35 |
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(1981) 23 C.P.C. 52 |
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(1981) 23 L.C.R. 128 |
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