The moving parties, Goodeve Manhire Inc. and Goodeve Manhire Partners Inc., brought a motion to compel the responding party, Tega Homes Developments Inc., to answer questions refused on an examination for discovery.
The examination was permitted following the late delivery of an expert report by Tega.
The court dismissed the motion, finding that questions relating to a withdrawn expert report, previously canvassed issues, and the expert's retainer letter were properly refused.
The court also held that the foundational information for the new expert report was adequately disclosed within the report itself.
Costs were awarded to Tega on a partial indemnity basis.
