Citation: Olfman v. RBC Life Insurance Date: 20111027 Company, 2011 MBCA 86 Docket: AI 11-30-07547 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Richard J. Chartier Mr. Justice Marc M. Monnin Mr. Justice Alan D. MacInnes BETWEEN : SHAWN DAVID OLFMAN ) S. D. Olfman ) on his own behalf (Plaintiff) Appellant ) ) T. E. Bock and - and - ) G. L.

Mackwood ) for the Respondent ) RBC LIFE INSURANCE COMPANY ) Appeal heard and ) Decision pronounced: (Defendant) Respondent ) October 27, 2011 CHARTIER J.A. (for the Court): 1 The principal issue on this appeal is whether the motions judge erred by directing that this action be managed under Queen’s Bench Rule 20A. This is a discretionary decision which is owed significant deference.

If there has been no error in principle (to be reviewed on the correctness standard) or an error on a question of mixed fact and law and/or a question of fact (to be reviewed on the palpable and overriding error standard), this court will not interfere with the discretionary decision of the motions judge unless it is so clearly wrong as to amount to an injustice (see Towers Ltd. v.

Quinton’s Cleaners Ltd. et al. , 2009 MBCA 81 at paras. 24-28 , 245 Man.R. (2d) 70 ). 2 We are all of the view that the plaintiff has failed to demonstrate that the motions judge misdirected himself or committed any palpable and overriding error. Moreover, we have not been convinced that the decision of the motions judge is wrong, let alone so clearly wrong as to amount to an injustice. To the contrary, we are of the view that this was a proper exercise of judicial discretion. 3 The appeal is dismissed with costs. J.A. J.A. J.A.