The defendants brought a motion seeking answers to undertakings and responses to questions refused during cross‑examinations of affiants whose affidavits were filed by the plaintiff in support of a motion for summary judgment.
The court applied the governing test for refusals in documentary and oral discovery on motions, considering relevance, breadth of the request, and claims of privilege.
Numerous refusals relating to corporate relationships, website issues, production agreements, trademark assignments, damages, pricing, and regulatory compliance were found relevant and ordered answered, while others were denied as overly broad or irrelevant.
The court also ordered the listing of documents claimed to be privileged to permit further consideration of privilege claims.
A re‑attendance for further cross‑examination was permitted following the provision of answers.
