B. Kolenda

The defendant and plaintiff by counterclaim brought a motion to compel answers to questions refused by the plaintiff and defendants by counterclaim during examinations for discovery.

The underlying action involved the termination of an investment advisor and allegations of false information provided to a regulatory body.

The Master reviewed the refused questions, ordering answers to a few relevant questions while upholding refusals based on relevance, solicitor-client privilege, and overbreadth for the majority.

In a complex fraud action under case management, the parties sought different variations to a previously ordered litigation timetable.

The defendants proposed proceeding with limited examinations for discovery while postponing key examinations until resolution of an appeal concerning access to funds for legal defence.

The plaintiff argued that all discoveries should be delayed to avoid duplicative preparation and increased costs.

The court held that further discovery scheduling was impractical while a pending Divisional Court appeal would determine whether certain defendants could fund their defence.

The judge declined to impose additional discovery deadlines and directed the parties to return for a further case conference within three weeks after the appeal decision, at which point a peremptory trial date might be set.

The defendants sought authorization to release additional funds held in trust to pay legal fees incurred in defending litigation involving multiple defendants.

The funds originated from encumbrances placed on residential properties pursuant to a prior consent order permitting borrowing to finance the legal defence of two defendants.

The court was required to determine the proper allocation of legal fees where work performed by counsel benefitted both those defendants and a co‑defendant who was not entitled to access the encumbered property funds.

Applying principles governing payment of legal fees from assets subject to proprietary injunctions, the court concluded that only part of the joint defence work could properly be charged to the trust funds.

The court ordered that the two defendants were entitled to recover 50% of the total legal fees, taxes, and disbursements from the trust account.

The plaintiff university brought an action against its former Assistant Vice-President and others for deceit, conversion, and conspiracy, alleging a false invoicing scheme and misappropriation of university resources for personal home improvements.

The defendants moved for summary judgment, arguing the action was barred by a full and final release executed upon the employee's termination, and that a property transfer was not a fraudulent conveyance.

The plaintiff moved for a Mareva injunction, an Anton Piller order, and certificates of pending litigation.

The court dismissed the defendants' summary judgment motions, finding genuine issues requiring a trial regarding the scope and validity of the release (due to alleged fraudulent concealment) and the intent behind the property transfer.

The court dismissed the plaintiff's motion for a Mareva injunction, finding insufficient evidence of a risk of asset dissipation, but granted certificates of pending litigation against the two residential properties.

The plaintiff university brought a motion seeking to exclude a defendant from attending the out-of-court cross-examination of a witness whose affidavit supported allegations of fraud and a Mareva-style injunction.

The plaintiff argued the defendant’s presence could harm the witness’s mental health due to prior workplace intimidation and depression.

The court reaffirmed that parties have an inherent right to attend examinations and that exclusion requires proof of realistic and substantial cause, such as demonstrated intimidation or prejudice.

Finding no evidence of intimidation during the litigation and insufficient grounds to justify exclusion, the court dismissed the motion.

To ensure a fair and controlled examination environment, the court ordered the cross-examination to be video recorded.