D. Delagran

The defendant employee, accused of defrauding the plaintiff employer of over $470,000, brought a motion for further and better documentary production.

The defendant counterclaimed for unpaid loans and wrongful dismissal, alleging she was directed to make cash payments to creditors and others.

The Master granted the motion, ordering broad production of cheques, invoices, bank statements, and financial records, finding that the employer's unorthodox accounting practices and the serious nature of the fraud allegations necessitated extensive documentary discovery to allow forensic reconstruction of the financial history.

Two related estate applications appeared on the Toronto Region Estates List seeking scheduling directions, including an application involving interim support from an estate.

The court declined to hear the application because the parties failed to file mandatory facta required by Rule 38.09(1) of the Rules of Civil Procedure and the matter was not properly prepared for hearing.

The judge emphasized that counsel must adhere to the “3 Cs” — cooperation, communication, and common sense — when scheduling matters, particularly in light of the integration of Commercial List procedural expectations into the Estates List.

The court criticized the parties for wasting judicial time by booking hearings without proper preparation or agreement on procedural steps.

The application was adjourned sine die until counsel properly prepared the matter and demonstrated readiness for a hearing date.