3 total
Plaintiff ordered to produce underlying accounting records to fulfill best efforts discovery undertaking.
The defendant moved for production of the plaintiff's accounting records pursuant to a 'best efforts' undertaking given at discovery.
The plaintiff, who claims over $2 million in lost profits from his gas station and variety store, argued he was not required to create formal accounting books.
The court held that 'books' in this context included the plaintiff's revenue and expense records, which were relevant and within his control.
The court ordered production of the records but allowed temporary redaction of supplier names pending a potential motion by the plaintiff for a protective order regarding commercially sensitive information.
Spousal support reduced and eventually terminated following husband's early retirement and wife's increased income.
The respondent husband brought a motion to change a final order for spousal support, seeking to terminate his $1,400 monthly payments due to his early retirement and the applicant wife's increased income.
The court found a material change in circumstances based on both parties' increased incomes and the husband's early retirement.
However, the court held that the wife was still entitled to support given the length of the marriage and her economic disadvantage.
Spousal support was reduced to $700 per month for 12 months, and thereafter to $1 per year until the husband turns 65, at which point it will terminate.
Negligence action against police dismissed as statute-barred; pursuing administrative complaint does not toll limitation period.
The appellant claimed she suffered pregnancy complications after a police officer wrongfully confiscated her car in August 2009.
She pursued a police complaint and was informed of the outcome in November 2012.
She commenced a negligence action in October 2013.
The motion judge granted summary judgment dismissing the action as statute-barred.
The Court of Appeal dismissed the appeal, holding that the limitation period began to run on the date of the incident, as the appellant knew the material facts giving rise to her claim at that time.