Maximum Separation Systems Inc. v. Solmetex, Inc.

Maximum Separation Systems Inc. v. Solmetex, Inc.

The Consent Order is ambiguous and, on review of the negotiations and correspondence leading to it, must be read to require examinations for discovery to be scheduled as soon as reasonably possible after Dr. Chilibeck's surgery and recuperation; accordingly the Plaintiff's request for discovery prior to surgery is denied and discovery will occur post-convalescence.

Citation
2004 FC 689
Parties
Plaintiff (defendant by Counterclaim): Maximum Separation Systems Inc.; Defendant (plaintiff by Counterclaim): Solmetex, Inc.; Defendant (plaintiff by Counterclaim): Garex Industries Ltd.; Defendant (plaintiff by Counterclaim): E.G. Plumbing Co. Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 May 2004
Procedural Posture
Civil Discovery Dispute / Interlocutory Motion Regarding Timing of Examinations for Discovery and Interpretation of Consent Order
Outcome
Plaintiff's motion to compel discovery before surgery denied; Consent Order interpreted to require discoveries after surgery and recuperation; portion of motion regarding U.S.-based witness adjourned; costs awarded to Defendants for present portion if not otherwise dealt with.
Legal Topics
Consent Order Interpretation, Examination for Discovery Timing, Extrinsic Evidence and Surrounding Circumstances, Allocation of Costs
Source Language
English
Civil Procedure Contract Interpretation Evidence Discovery Consent Order Interpretation Examination for Discovery Timing Extrinsic Evidence and Surrounding Circumstances Allocation of Costs

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Parties

Maximum Separation Systems Inc.

Plaintiff (defendant by Counterclaim)

Solmetex, Inc.

Defendant (plaintiff by Counterclaim)

Garex Industries Ltd.

Defendant (plaintiff by Counterclaim)

E.G. Plumbing Co. Ltd.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Civil Discovery Dispute / Interlocutory Motion Regarding Timing of Examinations for Discovery and Interpretation of Consent Order

Legal Issues

  1. 1 Whether the Consent Order required examination for discovery of Dr. Chilibeck before his scheduled surgery
  2. 2 Whether extrinsic evidence may be used to interpret the ambiguous Consent Order
  3. 3 Whether discovery of a U.S.-based witness must occur in Massachusetts and related procedural/practical consequences

Ratio Decidendi

The Consent Order is ambiguous and, on review of the negotiations and correspondence leading to it, must be read to require examinations for discovery to be scheduled as soon as reasonably possible after Dr. Chilibeck's surgery and recuperation; accordingly the Plaintiff's request for discovery prior to surgery is denied and discovery will occur post-convalescence.

Court Disposition

Plaintiff's motion to compel discovery before surgery denied; Consent Order interpreted to require discoveries after surgery and recuperation; portion of motion regarding U.S.-based witness adjourned; costs awarded to Defendants for present portion if not otherwise dealt with.

Orders

  • Consent Order read to require examination for discovery of Dr. Chilibeck as soon as reasonably possible after surgery and recuperation.
  • Motion portion concerning discovery of U.S.-based witness (Mr. Ted Shields) adjourned to allow parties to negotiate joint discoveries in late summer or fall; Plaintiff may reset adjourned portion if necessary.