SHARMAN HARVEY, Administrator of the Estate of ROBERT RICHARD HARVEY, Deceased Plaintiff AND: 5505 YUKON LIMITED, ROY A. SLADE, v. CHRISTINE DOKE, 2011 YKSC 54

SUPREME COURT OF YUKON Citation: Harvey v. 5505 Yukon Ltd. et al, 2011 YKSC 54 Date: 20110610 Docket S.C. No.: 08-A0004 Registry: Whitehorse BETWEEN: SHARMAN HARVEY, Administrator of the Estate of ROBERT RICHARD HARVEY, Deceased Plaintiff AND: 5505 YUKON LIMITED, ROY A. SLADE, and CHRISTINE DOKE Defendants Before: Mr. Justice R.S.

Veale Appearances: James Vilvang Andrew Hladyshevsky Jim Bazant Appearing for the Plaintiff via teleconference Appearing for the Defendants via teleconference Appearing on behalf of Garth Howell via teleconference RULING ON APPLICATION ON SEVERANCE OF TRIAL DELIVERED FROM THE BENCH [ 1 ] VEALE J. (Oral): I have decided to allow the application to sever the liability and damages issues. The liability trial will proceed on November 28 to December 2, 2011, with Deputy Justice O’Connor presiding. [ 2 ] In reaching this decision, I have been guided by the useful decision, Emtwo Properties Inc. v.

Cineplex (Western Canada) Inc. , 2009 BCSC 1592 . The onus is on the plaintiff and it is somewhat higher than a simple test of just and convenient. [ 3 ] I am satisfied that the liability issue of whether the unanimous shareholder’s agreement of June 17, 1997 remains binding, and whether it provides for a payment of a million dollars to the plaintiff, is a discrete issue that can be determined by the trial judge. [ 4 ] In my view, it is not inextricably intertwined with the damage issue. The damages issue, should the plaintiff not succeed, is a question of the value of Mr.

Harvey’s interest in 5505 Yukon, and will require an investment of significant time and money, which may not be required at all. [ 5 ] I am advised that the parties have had a mini-trial/settlement conference. In my view, the liability trial has the potential to result in a settlement of the action. [ 6 ] There is also a somewhat unique aspect to this case in that I have ordered a pre-trial examination of the lawyer representing 5505 Yukon Limited.

This too may enhance the settlement prospects when that is completed and the issue of solicitor-client and litigation privilege relating to the defendants’ document production has been resolved. [ 7 ] I will not address the issue of costs, unless counsel wish to speak to it now, or at a later date. Counsel?

[ 8 ] MR. HLADYSHEVSKY: I think we can speak to it at a later date. [ 9 ] THE COURT: Is that agreed, counsel? [ 10 ] ALL COUNSEL: Yes. ________________________________ VEALE J.