This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

In the midst of a complex history of legal proceedings, the plaintiffs, River Road Co-op Ltd. ("River Road") and Co-op Atlantic Ltd., filed a motion requesting the Court’s permission to examine one of the defendant’s employees. The plaintiffs did not intend to examine the employee as an independent witness, but rather as a representative of the defendant company, Ultra Maintenance Inc. ("Ultra"). Ultra objected that because the employee had never been an “officer” of the company, he should not be allowed to speak on the company’s behalf.

After examining the relevant law and legal principles, which held that the word “officer” could be interpreted broadly to include an employee who had significant and relevant responsibilities, the Court allowed the motion.

To read a related decision, go to River Road Co-Op Ltd. v. Ultra Maintenance Ltd., 1997 CanLII 14417 (NB QB).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1995/1995canlii8873/1995canlii8873.html

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