John Simpson

The plaintiff brought a motion under Rule 30.06 for a further and better affidavit of documents, seeking financial, operational, and accounting records from the defendants.

The underlying action involved claims of partnership dissolution, breach of contract, and intellectual property infringement.

The defendants opposed the motion, arguing the documents were irrelevant, not proven to exist, and disproportionate to produce at this stage.

The court found the requested documents were relevant to both liability and damages, and that the plaintiff had provided sufficient evidence of their existence.

The court rejected the defendants' proportionality arguments, noting they failed to provide evidence of undue burden, and granted the motion with costs.

Appeal from a summary judgment dismissing the appellant's action for domain name disputes and an order dismissing the appellant's motion to strike paragraphs of the respondent's statement of defence.

The appellant sought leave to appeal the costs award.

The Court of Appeal upheld the motions judge's decision, finding no error in the refusal to adjourn the summary judgment motion, no error in dismissing the motion to strike, and no basis to interfere with the costs award.

The court found that the appellant had registered domain names confusingly similar to the respondent's marks in bad faith and had engaged in unethical and deceptive conduct.