25 Jul 2018
The court held that litigation privilege attached to the documents described in Part 2 of the affidavit of documents and, adopting the approach in Guttenbeil, the defendant was not required to disclose the names of third parties referenced; further enquiries at this pre-trial stage were unnecessary and could derail trial preparation.
17 Jun 2009
The court held the defendant must answer the specified interrogatories listed in Schedule A because electronically stored information (the website) is a discoverable document, destruction does not relieve discovery obligations and where documents are lost interrogatories as to contents may be permitted; interrogatories that incidentally identify witnesses are permissible provided they are not aimed solely at eliciting names; the defendant's application to limit interrogatories was dismissed and answers must be provided within 30 days.