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The Federal Court dismissed a Rule 51 appeal challenging an associate judge’s Rule 227 discovery order, finding no legal error or palpable and overriding error.
The court adjourned a personal injury trial after finding the defendants were prejudiced by late disclosure of income, employment and tax records and needed a chance to seek further discovery.
Federal Court dismisses NCS Multistage Inc.’s Rule 51 appeal from case management orders refusing amendments, document production, and a constructive trust plea.
The court allowed the plaintiff to examine the defendant’s solicitor, Dorwin Cho, as an agent under Rule 7-2(5)(c)(ii), and awarded costs in the cause.
The court partly granted a discovery application, ordering a targeted inquiry about knowledge of lost strata business, but declined some further particulars as marginal or unnecessary.
The court refused to dismiss a landlord-tenant misrepresentation claim for want of prosecution, finding delay inordinate but not enough proven prejudice to justify dismissal.
The Federal Court held most fire-investigation reports were protected by litigation privilege, but ordered production of pre-existing marine survey reports attached to one interview report.
The court held that examination for discovery remains broad, but unfair objections should not waste time. It ordered the examination of the insurer witness to continue for four more hours.
The Tribunal exercised its case-management and interim powers under the Competition Act to resolve discovery disputes by ordering a structured, staged exchange of tables identifying disputed discovery questions and undertakings, setting firm deadlines, requiring topic grouping and pleadings references for relevance objections, reserving a hearing date if needed, and directing further filing of agreed facts and authorities; the order was necessary to move the s.75 application forward and to narrow issues for resolution.
Source excerpt
Master Taylor addressed failed examinations for discovery in two motor vehicle actions, ordered further discoveries to proceed within 60 days, and made costs orders for aborted attendances.
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