The plaintiffs brought a motion to enforce previous orders requiring the defendants to answer undertakings and questions taken under advisement from examinations for discovery.
The plaintiffs initially abandoned a request for a contempt finding but later sought to resurrect it based on new case law.
The court refused to allow the contempt motion to proceed, finding it unfair to the defendants, and noted that contempt was not proven beyond a reasonable doubt regardless.
However, the court found the defendant's answers to undertakings were insufficient 'window dressing' and issued a 'last chance' order compelling proper answers and further attendance for discovery, warning that future non-compliance could result in pleadings being struck.