In a commercial dispute concerning a promissory note and alleged oppression by corporate directors and officers, the court addressed the structuring of an upcoming commercial trial.
The plaintiff alleged that a term of the promissory note required the company to apply proceeds from certain related companies to repay the note and that the company failed to comply.
The defendants denied liability and the corporate defendant advanced a counterclaim alleging breach of a separation agreement and diversion of business opportunities.
At a case conference, the parties proposed a hybrid trial procedure combining affidavit evidence with viva voce testimony.
The court approved a structured plan governing settlement discussions, service of affidavit evidence, expert reports, joint expert meetings, electronic document delivery, and time-limited oral openings, emphasizing the flexibility of modern civil trial procedures.
