Knowledge Centre

Preserving the availability of a motion for non-suit

January 2016 Cox & Palmer, Prince Edward Island

Doyle v Roberts & PEI Mutual, 2015 PESC 2

Doyle was injured while working on a fishing vessel owned and operated by Roberts.  The matter proceeded to trial, where Doyle testified as a witness.  Before beginning his cross-examination of Doyle, counsel for Roberts moved to enter the entire transcript of Doyle’s discovery.  After four days of trial, Doyle closed his case.  Counsel for Roberts then notified the court of his intention to move for a non-suit.

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