Donohue J.

In a complex construction litigation, the third and fourth parties brought a motion for satisfaction of undertakings and refusals, seeking documents prior to the execution of a settlement agreement on December 7, 2021.

They argued the settling parties reached an 'agreement in principle' earlier and failed to immediately disclose it, fundamentally altering the litigation landscape.

The court dismissed the motion, finding the requested documents were protected by settlement privilege, litigation privilege, and solicitor-client privilege, and that the obligation to disclose applies only to concluded agreements, not ongoing negotiations.

The plaintiff creditor brought a motion for summary judgment seeking to impose liability on multiple defendants arising from unpaid invoices for tires supplied to a corporate purchaser.

The plaintiff relied on alleged non‑compliance with the Bulk Sales Act and alleged fraudulent conveyances arising from the sale of the debtor company.

The court held that summary judgment was inappropriate because the Bulk Sales Act claim had not been pleaded and the evidentiary record did not establish fraudulent conveyance or liability of the additional defendants.

On a cross‑motion, certain defendants successfully sought to vacate a certificate of pending litigation and dissolve a Mareva injunction obtained ex parte, as the plaintiff failed to demonstrate an interest in land or a strong prima facie case with risk of asset dissipation.

The defendant physicians brought a motion for summary judgment arguing that a medical negligence claim arising from treatment that preceded a patient’s death from necrotizing fasciitis was statute-barred under the one‑year limitation period in s. 89 of the Regulated Health Professions Act.

The estate argued that the limitation period did not begin to run until a medical expert later reviewed the records and identified specific errors in treatment.

The court held that discoverability required knowledge of material facts establishing potential negligence, which in complex medical cases may require expert interpretation of medical records.

Because the plaintiff only obtained those material facts after receiving an expert analysis of the records, the action was commenced within the applicable limitation period.

The motion for summary judgment was dismissed.