PARKS v 1509856 ALBERTA LTD, 2024 ABKB 376
HOLLINS J
4.14: Authority of case management judge
5.4: Appointment of corporate representatives
Case Summary
The Applicant sought an Order appointing an individual (“Ruggieri”) as the corporate representative of one of the Defendants and Third Parties (“150 Ltd.”). The Application was allowed and Ruggieri was appointed as the corporate representative of 150 Ltd.
Hollins J. noted that there was no designated corporate representative for 150 Ltd., which must be remedied so that the discovery process could be completed and that Ruggieri’s evidence could be adopted, rejected, or clarified by 150 Ltd. for use at Trial.
Hollins J., citing the following Rules, appointed Ruggieri as the corporate representative for 150 Ltd.:
- Rule 5.4(1), which requires corporate Defendants to appoint a corporate representative.
- Rule 5.4(5), which provides that if the corporation fails to do so, the Court may appoint the representative.
- Rule 4.14(1)(f), which enables a Case Management Justice to make any procedural Order they consider necessary; and pursuant to Rule 4.14(1)(c), such power includes an Order to facilitate Questioning.