The defendants brought a motion to examine the plaintiff's former solicitor for discovery and for production of documents from her former law firm to support a Limitations Act defence.
The defendants sought to prove the plaintiff knew of his entitlement under his grandfather's will before February 28, 2016.
The court dismissed the motion as premature, finding that the defendants had not first made a diligent effort to obtain the targeted information from TD Canada Trust, the entity that administered the trust funds, as required by Rule 31.10(2) of the Rules of Civil Procedure.
