Allison Buchanan

Following a motion for further document production where the defendant was largely successful, both parties sought costs.

The defendant claimed approximately $16,000 on a partial indemnity basis, while the plaintiff argued for a portion of his costs.

The court found the defendant's claimed costs grossly excessive for a simple production motion and fixed costs at $3,000 payable by the plaintiff, with an extended time to pay due to the COVID-19 pandemic.

The plaintiff in a wrongful dismissal action brought a motion under Rule 30.06 of the Rules of Civil Procedure for an order requiring the defendant to serve a further and better affidavit of documents.

The court applied the test from Bow Helicopters, noting that a motion for a further and better affidavit requires evidence that specific documents exist that have not been produced, rather than mere speculation.

The court found that the defendant had complied with its production obligations and that the plaintiff failed to provide evidence of specific missing documents.

The motion was dismissed, and the plaintiff was directed to resume the examination for discovery of the defendant's representative.

An appeal from a trial judge's decision regarding the interpretation of an agreement.

The appellants challenged the trial judge's interpretation of key contractual language.

The Court of Appeal upheld the trial judge's decision, finding that the trial judge correctly applied relevant legal principles, did not find the language ambiguous, and gave it its plain meaning with proper consideration of the surrounding provisions and circumstances.

The appeal was dismissed with costs awarded to the respondent.