The defendants brought a motion seeking additional production of documents and an order that this action be tried together with or consecutively to a related proceeding.
The plaintiff brought a motion for leave to file a Fresh as Amended Statement of Claim and sought orders compelling further documentary disclosure and updated information from the defendants.
The court held that, following amendment of the pleading, document production should be assessed in relation to the amended claim and limited to documents relevant to common customers and vendors.
The court ordered ongoing disclosure obligations on the defendants regarding common customers and vendors but declined to order the actions tried together.
An interim award of $35,000 was granted to the defendants as costs thrown away arising from the amendment.
