K.S.P. Holdings Inc. (KSP) appealed a Master's decision that dismissed its motions to quash a summons to examine its counsel and to strike an expert affidavit.
KSP's underlying motion sought to stay the action due to Tallman Truck Centre Limited's (Tallman) alleged late disclosure of a litigation agreement with co-defendant Secure Capital Advisors Inc. The court found that the Master erred by allowing the examination of opposing counsel and admitting expert evidence on issues irrelevant to the abuse of process analysis, which, according to Handley Estate, focuses on immediate disclosure and does not require proof of prejudice.
The appeal was granted, quashing the summons and striking the affidavit.
