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Coburn v Turner Bay Fishing Ltd.

Background:
Allison Coburn sued Turner Bay Fishing Ltd. for breach of contract and unjust enrichment, claiming she contributed to acquiring a prawn license and provided 19 years of unpaid bookkeeping services. Turner Bay was solely owned by her late common-law spouse, Alfred George Stoeckner, who left his shares in the company to his daughters, Kathleen Anne Stoeckner and Lindsey Samantha Stoeckner.

Legal Issues on Appeal:
The appeal challenged the addition of Kathleen and Lindsey Stoeckner as defendants under Rule 6-2(7)(c) of the Supreme Court Civil Rules. Coburn argued they had no direct legal connection to the claims, while they contended their shareholder status gave them a significant interest in the case.

Court's Decision:
Justice J. Hughes ruled that the associate judge erred in adding the daughters as defendants, finding that:

  • Corporate separateness: As shareholders, they were legally distinct from Turner Bay and had no direct liability.
  • Procedural error: Their participation should have been sought through corporate law provisions (Business Corporations Act, s. 232) rather than adding them as defendants.
  • No valid claim: Coburn’s claim targeted Turner Bay’s assets, not their inherited shares.

Outcome and Costs:
The appeal was allowed, and the order adding the daughters as defendants was set aside. Allison Coburn was awarded her appeal costs. The total cost award was not specified in the judgment.

Allison Coburn
Law Firm / Organization
Longstone Law Corporation
Turner Bay Fishing Ltd.
Law Firm / Organization
Unrepresented
Kathleen Anne Stoeckner
Law Firm / Organization
Not specified
Lawyer(s)

S.H. Grant

Lindsey Samantha Stoeckner
Law Firm / Organization
Not specified
Lawyer(s)

S.H. Grant

Supreme Court of British Columbia
S15362
Civil litigation
Not specified/Unspecified
Plaintiff