Drolet v. Gralsbotschaft

Drolet v. Gralsbotschaft

The motion was mostly dismissed; the defendants must provide within 30 days an affidavit by Mr. Thivierge answering undertakings 6, 27, 28 and the unnumbered undertaking; the court found responses to undertakings 2 and 38 adequate and positions on 3, 13, 35 and 36 reasonable; the examination for discovery of Mr. Thivierge will continue if necessary at his expense based solely on the affidavit, on a date agreed or 15 days after service of the affidavit; no costs awarded on the motion.

Citation
2005 FC 1556
Parties
Plaintiff / Defendant to Counterclaim: Yvon Drolet; Defendants / Plaintiffs by Counterclaim: Stiftung Gralsbotschaft (Foundation of the Grail Movement - Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 November 2005
Procedural Posture
Motion for Dismissal of Defence and Counterclaim; Alternatively Security for Costs and Undertakings (federal Court Rules) / Interlocutory Motion Heard on the Papers Before the Prothonotary
Outcome
Motion partially granted in part and otherwise dismissed
Legal Topics
Requests for Undertakings, Examination for Discovery, Security for Costs, Dismissal of Defence and Counterclaim, Court Discretion on Costs
Source Language
English
Civil Procedure Discovery Costs Requests for Undertakings Examination for Discovery Security for Costs Dismissal of Defence and Counterclaim Court Discretion on Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Yvon Drolet

Plaintiff / Defendant to Counterclaim

Stiftung Gralsbotschaft (Foundation of the Grail Movement - Canada)

Defendants / Plaintiffs by Counterclaim

Procedural Posture

Motion for Dismissal of Defence and Counterclaim; Alternatively Security for Costs and Undertakings (federal Court Rules) / Interlocutory Motion Heard on the Papers Before the Prothonotary

Legal Issues

  1. 1 Whether the defendants' responses to requests for undertakings were adequate
  2. 2 Whether the defence and counterclaim should be dismissed for failure to comply with undertakings
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

The motion was mostly dismissed; the defendants must provide within 30 days an affidavit by Mr. Thivierge answering undertakings 6, 27, 28 and the unnumbered undertaking; the court found responses to undertakings 2 and 38 adequate and positions on 3, 13, 35 and 36 reasonable; the examination for discovery of Mr. Thivierge will continue if necessary at his expense based solely on the affidavit, on a date agreed or 15 days after service of the affidavit; no costs awarded on the motion.

Court Disposition

Motion partially granted in part and otherwise dismissed

Orders

  • Within 30 days defendants shall deliver to the plaintiff an affidavit by Mr. Thivierge responding in full to undertakings 6, 27, 28 and the unnumbered undertaking
  • Defendants' responses to undertakings 2 and 38 are adequate; defendants took a reasonable position on undertakings 3, 13, 35 and 36