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The court dismissed Canada Life’s document production application, finding the demand procedurally defective, largely irrelevant to the pleaded issues, and tainted by an apparent ulterior purpose.
The British Columbia Court of Appeal dismissed an appeal seeking pre-certification production of medical records in a proposed class action, holding the records were not necessary for certification.
The court dismissed a stay application over adjournment terms imposed in contempt proceedings, finding no irreparable harm and that the balance of convenience favoured the plaintiffs.
The court ordered Atema to amend its document list to include applicable insurance policies, but refused broader production requests for photographs and time records.
The court dismissed a production application for a solicitor’s file, finding the wills exception inapplicable and no waiver of solicitor-client privilege.
The Court of Appeal converted the leave application into an appeal and refused a stay of orders relating to bank record production, recusal, and special costs.
Where interlocutory production motions produced mixed results but greater success for the defendants and Tariff C would not provide a substantial but incomplete indemnity, the court may exercise its discretion under Rule 77.08 to award lump sum costs; applying that principle here, the defendants were awarded lump sum costs of $8,000.
Source excerpt
The Federal Court granted a motion in part, extending an MTRV class period to 31 March 2007, creating a subclass, and limiting document production.
The court dismissed Silvercorp’s strike application, allowed the pleaded amendments, and refused Huang’s document-production request regarding Henan.
Interim family-law decision on access, custody, support, and records. The court dismissed the father’s bid to increase access, ordered daycare contributions, and granted record production.
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