NOWOSAD v BOUTILLIER, 2015 ABQB 763

GOSS J

1.4: Procedural orders
3.72: Consolidation or separation of claims and actions

Case Summary

The Applicants, Nowosad, brought an Originating Application for an oppression remedy. An earlier separate Originating Application was brought by the Respondents, the Boutilliers, also alleging oppression. The Respondents sought to use their Originating Application as a Cross-Application within the Boutillier’s Application. Justice Goss considered the parties’ affidavits, and reviewed Rules 1.4 and 3.72 relating to consolidating claims. Justice Goss held that the Actions were related as they had common questions of law and fact that arose out of exactly the same series of transactions and occurrences. The Applications were therefore consolidated under Rule 3.72.

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