This endorsement addresses a dispute over document production costs in Ontario, arising from letters of request issued by a Florida court to compel the respondent, Mr. Smith, to produce documents and attend examination in aid of US litigation.
The applicants (Perlmutters and Mr. Peerenboom) sought to avoid or shift the costs of Mr. Smith's counsel reviewing documents for relevancy and privilege, arguing Mr. Smith was an interested party and not impecunious.
The court affirmed its prior ruling that Mr. Smith's counsel must conduct the review and that the applicants are liable for these costs on a full indemnity basis, ordering them to pre-pay $200,000 for continued document production.
