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The court refused to order discovery of 11 non-party beneficiaries, finding the request disproportionate, but ordered plaintiff Binpal to answer an outstanding discovery question.
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 dismissed a defence application for additional FCE and C-FCE examinations, finding they were not necessary and would amount to impermissible bolstering.
Motion granted in part: the Appellant must provide further and complete answers to specified discovery questions and must disclose most of the contested documents (with a limited redaction to the Moskowitz & Meredith engagement letter and one email chain held privileged), but is not required under Rule 81 to make inquiries of former third-party advisors; compliance within 60 days and costs in the cause.
Source excerpt
Appeal from an order requiring the plaintiff to attend a psychiatric IME was dismissed. The court held the Disbursements Regulation did not displace Rule 7-6 discretion.
The court dismissed broad discovery and production applications seeking forensic access to transit computer systems, finding them disproportionate and unsupported.
The court ordered production of documents relevant to special damages and disgorgement claims in a defamation case, rejecting proportionality objections and allowing a severance application.
The Federal Court ordered a further and better affidavit of documents, required production of existing translations, and allowed limited cross-examination on the 265 Patent.
The prothonotary properly exercised discretion by applying relevance and the proportionality principle to the contested discovery requests; no palpable and overriding error or extricable legal error was demonstrated on appeal, therefore the Federal Court appeals were dismissed and the prothonotary's rulings upheld.
Source excerpt
The court dismissed an application for production of a plaintiff’s immigration file, finding the material was only marginally relevant and that privacy and proportionality weighed against disclosure.
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