1400467 ALBERTA LTD v ADDERLEY, 2014 ABQB 635


5.29: Acknowledgment of corporate witness’s evidence

Case Summary

The Plaintiffs sought determination of several pre-Trial disclosure issues, including whether, pursuant to the provisions of Rule 5.29, the Corporate Defendant Jico, having answered that it neither adopted nor rejected the evidence given by two of its employees, must advise why that evidence was not adopted and what Jico’s information was on the questions that had been asked. Justice Veit considered leading authority under former Rule 214 and observed that the guiding principles to interpreting Rule 5.29 remained the same. In the result, Veit J. concluded that “there are only limited circumstances in which an employee’s evidence can be rejected”, and that the Defendants must explain their reasons for doing so. The Plaintiffs’ Application was granted.

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