372 EXCHEQUER COURT REPORTS. [VOL. XV. IN THE MATTER OF SHE PETITION OF RIGHT OF 1915 WILLIAM MONTGOMERY, Feb. 22. SUPPLIANT; AND HIS MAJESTY THE KING, RESPONDE NT. Practice—Discovery/—Rule 155--' `Any departmental or other officer of the Crown" —Master of Government Dredge. Upon an application bein g made in Chambers for an order to examine the master of a Government dredg e for the purposes of discovery, in a proceeding by petition of ri ght for damages arisin g out of an accident to an oiler employed on such dredge. Held, that the master of the dredge was not an "officer" within the meanin g of the rule in q uestion. SUMMONS for an order for the examination on discovery of the captain of a government dredge on board of which the suppliant had met with an accident. February 19th, 1915. Alexander Smith in support of summons; E. J. Daly, contra. CASSELS, J. now (February 22nd, 1915) delivered judgment. This was an application on behalf of the suppliant for an order for the examination for the purposes of discovery of one Gavin, who was captain of the government dredge Industry at the time that the suppliant was employed as an oiler on board of such dredge, and •
VOL. XV.] EXCHEQUER COURT REPORTS. at the time of the accident set out in the Petition of 19 Right. . I am of opinion that the application fails. The Rule of Court( Rule 135) whicpher meritms exitaimninaattio n of "any departmental or other officer of the Crown" cannot be extended so as tô comprise the captain of the vessel in question. See Larose y. The Queen The words there interpreted were "any officer or servant of the Crown" as appearing in sec. 20 of Exchequer Court Act. A collection of authorities in the United States may, be referred to in the second series of Statutory Definitions of Words and Phrases page 703 under the word "Officer". See also Law Dictionary. (2) The costs of this application will be costs in the cause, in any event, payable by the suppliant to the , Crown. Summons dismissed. (1) 31 S.C.R. 209 (2) By Rawle, 1914, 2404. 373 15 MONTGOMERY THE KING. ta lu d san for gm eetxt. ' (1) The Judicial and Vol. 3 at Bouvier'R . C.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.