In the context of a pending summary judgment motion for a wrongful dismissal action, the parties brought four procedural motions.
The plaintiffs sought leave to file additional documents and a supplementary affidavit, and a declaration that they could attend each other's cross-examinations.
The defendant sought an order compelling the production of privileged communications.
The Master granted the plaintiffs' motions, finding they met the test for filing additional evidence and that there was insufficient risk of evidence tailoring to justify an exclusion order.
The defendant's motion for privileged documents was dismissed as there was no deemed waiver of solicitor-client privilege.