The Ontario Court of Appeal dismissed a stay pending appeal after a defence was struck for deficient documentary disclosure and continued non-compliance with a court order.
The court dismissed a self-represented plaintiff’s broad discovery and disclosure application against RBC defendants and ordered costs to the defendants.
The court granted limited document disclosure and narrow interrogatories in a strata property petition, but refused an affidavit of documents and reserved costs.
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 Federal Court granted a class-action discovery motion only in part, ordering particulars on allegedly inappropriate medical procedures and punitive damages, but refusing broader document and discovery requests.
The court dismissed an application to compel the Ghahramani parties to serve an affidavit of documents, finding no evidence of omitted relevant documents.
The Federal Court held each plaintiff must serve a separate affidavit of documents. It also set steps to regularize representation for a deceased plaintiff and two allegedly incapacitated plaintiffs.
The court allowed the defendant’s application and dismissed the slip-and-fall action for want of prosecution after finding inordinate, inexcusable delay and prejudice.
The Federal Court granted Kobold’s Rule 51 motion, set aside the associate judge’s discovery order, and ordered further production of Category One and Two documents.
The Court allowed the appeal and set aside the order striking the defence because striking was disproportionate; the motion judge likely reached the order based on an incomplete and unfair recitation by respondent's counsel regarding the appellant's retention of counsel; the appropriate remedy would have been an order to comply with the consent order and costs, and the matter was remitted to the Superior Court to proceed under the Rules of Civil Procedure.