Gillian Hnatiw

The plaintiffs in a certified class action brought a refusals motion to compel the defendant, Bruce Monk, to answer 31 questions refused and 6 questions taken under advisement during his examination for discovery.

The underlying action involves allegations that the defendant took intimate photographs of ballet students.

The refused questions primarily related to photographs of non-class members, including former students and staff.

The court dismissed the motion, finding the questions to be immaterial, irrelevant, disproportionate, and an overreaching fishing expedition, noting that discovery in class proceedings is generally restricted to certified common issues.

The plaintiffs brought a motion to certify a class action against the Royal Winnipeg Ballet and a former instructor/photographer, Bruce Monk.

The plaintiffs alleged that Monk took intimate photographs of students in private settings and disseminated them without consent, constituting sexual assault, breach of fiduciary duty, and invasion of privacy.

The court found that the pleadings disclosed causes of action, there was an identifiable class, and there were 23 common issues.

The court also found that a class proceeding was the preferable procedure and that the representative plaintiffs were suitable.

The certification motion was granted.