Whirlpool Properties Inc. v. L.G. Electronics Canada Inc.

Whirlpool Properties Inc. v. L.G. Electronics Canada Inc.

The parties had, by correspondence and conduct, agreed that the examination of LG Electronics Inc.'s representative would occur in Seoul, Korea; absent evidence of fraud or unconscionability, that scheduling agreement must be respected, so the motion to compel attendance in Canada was dismissed and the parties were to bear their own discovery expenses subject to the Trial Judge's discretion, with a costs award to the defendants for the motion.

Citation
2004 FC 1367
Parties
Plaintiff (defendant by Counterclaim): Whirlpool Properties, Inc.; Plaintiff (defendant by Counterclaim): Whirlpool Canada Inc.; Defendant (plaintiff by Counterclaim): LG Electronics Canada Inc.; Defendant (plaintiff by Counterclaim): LG Electronics Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 October 2004
Procedural Posture
Civil Discovery Motion / Interlocutory (examination for Discovery)
Outcome
Plaintiffs' motion dismissed
Legal Topics
Examination for Discovery, Forum for Discovery, Enforcement of Scheduling Agreements, Allocation of Discovery Costs
Source Language
English
Civil Procedure Discovery International Litigation Costs Examination for Discovery Forum for Discovery Enforcement of Scheduling Agreements Allocation of Discovery Costs

Case Brief

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Parties

Whirlpool Properties, Inc.

Plaintiff (defendant by Counterclaim)

Whirlpool Canada Inc.

Plaintiff (defendant by Counterclaim)

LG Electronics Canada Inc.

Defendant (plaintiff by Counterclaim)

LG Electronics Inc.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Civil Discovery Motion / Interlocutory (examination for Discovery)

Legal Issues

  1. 1 Whether LG Electronics Inc. (Korea) must attend an examination for discovery in Canada
  2. 2 Whether the parties reached a binding agreement on the place and schedule for examinations for discovery
  3. 3 Whether Whirlpool can refuse to honor a scheduling agreement due to higher than anticipated costs

Ratio Decidendi

The parties had, by correspondence and conduct, agreed that the examination of LG Electronics Inc.'s representative would occur in Seoul, Korea; absent evidence of fraud or unconscionability, that scheduling agreement must be respected, so the motion to compel attendance in Canada was dismissed and the parties were to bear their own discovery expenses subject to the Trial Judge's discretion, with a costs award to the defendants for the motion.

Court Disposition

Plaintiffs' motion dismissed

Orders

  • Unless the parties agree to a different method of examination, the examination for discovery of the representative of LG Electronics Inc. shall be held in Seoul, South Korea.
  • Each party shall be responsible for their costs and expenses associated with the examination for discovery of the representative of LG Electronics Inc., subject to any order the Trial Judge may make, and those costs and expenses remain in the Trial Judge's discretion.