Alan Patrick Wymes

The defendants brought a motion seeking to strike numerous requests to admit served by the plaintiff and to prohibit the plaintiff from serving further requests, alleging abuse of process and an attempt to circumvent the limits on oral discovery under Rule 31.02 of the Rules of Civil Procedure.

The court considered Rule 51 governing requests to admit and the jurisprudence addressing excessive or abusive use of such requests.

While some requests were imperfectly drafted, the court held that most were relevant and that the Rules impose no numerical limit on requests to admit so long as they are served more than 20 days before trial.

The circumstances did not approach the extreme situations in prior cases where restrictions were imposed.

The motion was dismissed and the defendants were expected to respond to the outstanding requests.

Following dismissal of a motion for an interlocutory injunction relating to alleged breaches of non‑competition and confidentiality obligations, the court determined costs.

The defendants sought substantial partial indemnity costs exceeding $93,000, while the plaintiff argued the amount was excessive and that costs should be in the cause.

The court reviewed principles governing costs under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, emphasizing reasonableness, proportionality, and the reasonable expectations of the paying party.

While finding the defendants substantially successful, the court held the claimed hours and staffing levels excessive and reduced the award.

Partial indemnity costs were fixed at $40,000 plus HST and disbursements, payable forthwith.