The court considered motions regarding the production of documents and attendance at discovery in a dispute over unpaid legal fees between a law firm and its former client.
The plaintiff law firm sought to strike the defence or compel the defendant to provide an affidavit of documents and attend discovery.
The defendant cross-moved for a further and better affidavit of documents from the plaintiff, including the law firm's accident benefits file.
The court held that both parties must fulfill their discovery obligations independently, ordered production of the accident benefits file (with privilege claims to be listed in Schedule B), and declined to strike the defence.
No costs were awarded due to divided success.