Hershel Sahian

In the context of a complex family law and related debt action, the parties brought cross-motions to compel answers to undertakings and refusals from questioning.

The corporate respondent was petitioned into bankruptcy shortly before the hearing, triggering an automatic stay.

The court ordered the individual respondents to produce relevant corporate and personal records in their possession, control, or power, finding that the bankruptcy stay did not relieve them of their personal discovery obligations.

The court also ruled on various claims of solicitor-client and litigation privilege, ordering the disclosure of legal fee amounts but protecting the identity of counsel and legal advice.

The plaintiffs brought a motion to strike the statement of defence of the defendant dentist for failure to comply with a production order and for obstruction of production and discovery by his former solicitors.

The court found that the plaintiffs and the co-defendant had conflated the production obligations of the defendant with those of his former law firm, which had previously represented both defendants on a joint retainer.

The court held that the defendant had belatedly complied with his obligations and could not be held responsible for the failings of the former law firm.

The motion to strike the defence was dismissed.