J. Shneer

The applicant brought a motion for production of documents.

During a case conference, the respondents' counsel advised of a scheduling conflict and requested time to ascertain the position of third parties.

The court found the third parties' involvement unnecessary for the motion, adjourned the motion by one day to accommodate counsel's schedule, and set a timetable for the respondents' factum.

The applicant requested an adjournment of the application to bring a motion for production of further documentation after discovering the respondents made payments to third parties following a previously ordered injunction.

The court scheduled the motion for production of documents and set a timetable for the exchange of materials and cross-examinations.

The court also noted that if third parties consent, an order may be submitted to have the funds paid into court.

The applicant sought directions at a case conference regarding the respondents' failure to produce bank records as required by a prior court order.

The applicant claimed no statements were produced, while the respondents claimed full compliance.

The court directed the respondents to produce the unredacted bank statements relating to the receipt and disbursement of the funds in issue by a specified date, noting that a judge at a case conference has jurisdiction to make procedural and interlocutory orders under Rule 50.13(6).

The plaintiff brought a motion for summary judgment to dismiss a defamation counterclaim brought by one of the defendants.

The court convened a case conference to determine whether partial summary judgment was appropriate, applying the factors from Malik v. Attia.

The court declined to schedule the summary judgment motion, finding that it would not make the proceeding appreciably cheaper and that there was a risk of inconsistent findings because the main action and the counterclaim shared factual issues regarding allegations of fraud.