The Federal Court partly granted a discovery-motion in a certified class proceeding, requiring limited production of use-of-force and related RCMP records from specified dates.
The court found the documents sought in items A through F of the amended Notice of Motion are trial-relevant and ordered their production. The defendants failed to rebut the presumption of full disclosure for supervisory communications (A) and for Plaintiffs' account activity in the daily commission/trading reports (F). The presumption was rebutted only as to certain non-party identifying information: names, addresses and other direct identifiers of non-party clients may be redacted, but information relating to Ms. Locke (including her personal PRO accounts), account identifiers/account numbe…
Section 9 of the Law Society Act does not displace the common law defence of absolute privilege; the investigator's emails were made in the course of, and for the purposes of, disciplinary proceedings and fell within statutory exceptions, therefore absolute privilege applied and the summary judgment dismissal was correct; the motion judge did not abuse discretion in awarding costs.
The court granted the bank’s Rule 18A application, finding the plaintiff’s unauthorized account inquiries and later deception justified summary dismissal for cause.