The plaintiffs moved for directions regarding motions for leave to file fresh evidence, seeking a sequencing protocol to determine whether the defendants' fresh evidence was protected by litigation privilege before disclosing their own fresh evidence.
The motion judge declined to order the proposed protocol, directing the parties to perfect their appeals and schedule an appeal management conference to determine the procedure.
The motion judge also granted the plaintiffs leave to file an over-length 54-page factum, but ordered them to pay $2,000 in costs for failing to seek permission beforehand.
