PRACTICE |
Discovery |
Examination for Discovery |
Canada (Administrator of the Ship-Source Oil Pollution Fund) v. Anangel Splendour (The)
T-727-03
2005 FC 942, Pinard J.
7/7/05
3 pp.
Motion for order reversing Prothonotary's order denying defendants' request under Federal Courts Rules, r. 237 that representatives of Quebec Cartier Mining Company (QCM) and Fisheries and Oceans Canada (DFO) be put forward as substituted or further discovery representatives on behalf of plaintiff Fund--In action, Fund claiming recovery of pollution clean-up costs and damage incurred by QCM, DFO--Fund claiming to be subrogated to any rights of QCM, DFO as consequence of having compensated QCM, DFO--Motion dismissed--Subrogator cannot be selected as representative to be examined under r. 237(1)--(1) Subrogator not party to action brought only in name of subrogee--(2) R. 237(4), (5), (6), (7) already providing for examination for discovery of specific persons who are non-parties--Significant that subrogators not also specifically allowed therein to be examined for discovery--(3) R. 238 specific rule which allows, under certain conditions, examination for discovery of "any person not a party to action"--Federal Courts Rules, SOR/98-106, rr. 1 (as am. by SOR/2004-283, s. 2), 237, 238.