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The Tax Court struck moot portions of Brass Collar’s appeal and parts of an affidavit, holding there was no live tax controversy and no basis to continue.
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.
The Federal Court dismissed Seismotech’s motions for Norwich orders seeking App Store user identities, finding no bona fide patent claim and no public-interest basis for disclosure.
Appeal dismissed from a case management decision denying oral discovery, sanctions, and leave to examine non-parties in a copyright action.
A stay was granted because the appellant established the Fulton criteria: there were arguable issues on appeal about whether the Application Judge properly applied the Aker Biomarine enforcement criteria and had sufficient evidentiary foundation; irreparable harm would result from compelled disclosure that could render the appeal moot and potentially expose confidential information; and the balance of convenience favored a stay given incomplete Arizona discovery, lack of imminent trial dates or demonstrated prejudice to N2, and respect for the receiving jurisdiction's appellate process under…
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The appeal is dismissed because the Federal Court did not err in exercising its discretion: appellants failed to establish a non-speculative, sufficiently specific and relevant basis under Rules 233 and 238 for the requested non-party materials, aspects of the motion overlapped with a prior motion (abuse of process), and the late timing would cause prejudice and loss of the trial date, justifying denial of relief.
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The Federal Court dismissed Rovi/TiVo’s motion for non-party discovery and letters of request, finding abuse of process, non-compliance with Rules 233 and 238, and undue delay.
Leave to appeal was granted but the appeal was dismissed. The motions judge did not err: CPR 18 must be read as a whole; 18.12(3) applied because the proceeding was ongoing and requires both that a subpoena cannot be enforced against the non-party and that the proceeding cannot be determined justly without the discovery; appellants failed to satisfy these criteria (a subpoena would be enforceable and party disclosure and discovery could reveal whether non-party evidence was necessary); non-party discovery was therefore premature and discretionary refusal did not produce patent injustice; the…
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Rule 18.12(3) did not apply because one witness resided in Nova Scotia and there was no evidence a Nova Scotia subpoena would not be enforceable in Prince Edward Island; plaintiffs had not completed party disclosure or attempted available party discovery and had not shown that non-party discovery was necessary to a just determination of the pending jurisdictional motion; the motion for non-party discovery was therefore premature and was dismissed with costs.
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The appeal is dismissed because the master properly allowed the respondents to seek protective implementation of the June 21, 2007 order rather than a backdoor appeal, the fresh evidence did not displace informant privilege or show waiver, and the master's discretionary global costs award of $40,000 was within his remit and properly upheld by the appeal judge.
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