River Road Co-Op Ltd. v. Ultra Maintenance Ltd., 1997 CanLII 14417 (NB QB)

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, River Road Co-Op Ltd. ("River Road") and Co-op Atlantic Ltd. sued Ultra Maintenance Ltd. ("Ultra") for causing hydrocarbon contamination and creating significant financial losses for the companies.

In previous proceedings, the two co-ops had been found liable for certain instances of hydrocarbon contamination. Ultra had agreed to cover two-thirds of their liability, as it had installed the piping for the co-ops’ gasoline tanks and was therefore implicated in the contamination. In this proceeding, the co-ops were suing Ultra for a related aspect of the same problem.

Throughout all of the proceedings, the co-ops had been represented by the same law firm, Barry & O’Neil. Ultra filed a motion to have Barry & O’Neil removed as the solicitors of record for the co-ops, arguing that it intended to call one of the firm’s partners as “an essential witness” in the proceeding.

After considering the relevant law and legal principles, the Court held that there was no reason to remove Barry & O’Neil as solicitors of record, as the partner in question would not be “an essential witness” in the proceeding, and any information that he could provide could be collected from other sources.

To read a related decision, go to River Road Co-op Ltd. v. Ultra Maintenance Ltd., 1995 CanLII 8873 (NB QB).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1997/1997canlii14417/1997canlii14417.html

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