The Tax Court struck impugned reply paragraphs about prior audits, charges and a tax evasion plea, finding them irrelevant and prejudicial under Rule 53(1)(a).
The court held the plaintiffs met the threshold under Rule 7-1(11) to compel further production from Barber because the requested financial, tax and rental records relate directly to contested issues of commingling and receipt/use of funds; the court also ordered specific, narrowly-described production from the non-party Bank under Rule 7-1(18) because the documents were precisely specified and potentially probative of material facts; Barber and the Bank must produce the listed documents within 21 days, plaintiffs must pay the Bank's reasonable charges and must provide counsel for Barber with…
The petition is granted in part and dismissed in part: the court declines to enforce broad, duplicative and unexplained document production requests and limits compelled production to narrowly tailored 2022 documents relevant to alleged manufacturing defects (documents exchanged between Cheng and Piccard about potential defects and any 2022 documents between Cheng and Interworld representatives regarding the product), permits a limited deposition on manufacturing defects, Cheng's July 2023 inspection, and complaints (including inquiry into Cheng's affidavit claim of absence of complaints), or…
The court ordered a non-party to produce specified financial records under Rule 7-1(18), but refused to use Rule 7-8 letters of request for pre-trial discovery.
Application for document production dismissed because the requested TD Bank records were sought only to impeach credibility, which is not a proper basis for disclosure under Rule 7-1.
Le Tribunal canadien des droits de la personne refuse de radier trois assignations visant des employés de SAC, jugeant qu’il est trop tôt pour écarter leur utilité ou leur nécessité.
Subpoena
Relevance
Necessity of testimony
Indigenous funding formula
Discrimination: race, national or ethnic origin, disability
Application to compel discovery answers granted. The Court held questions about later property purchases by related entities were relevant to specific performance and mitigation.
The Court granted a temporary sealing order over James Heller’s Affidavit #2, finding a serious privacy risk for a former employee and rejecting redactions as sufficient.