The plaintiff brought a motion under Rule 60.12 to strike the defendant's Statement of Defence in a class action, alleging failure to produce documents.
Mid-motion, the plaintiff changed the requested relief to an order for specific further productions and examinations.
The Master found that the plaintiff's mid-motion change in position and late-filed materials prevented the defendant from properly responding.
The Master also concluded that granting the proposed order risked jeopardizing a fixed 17-week trial date, and a Master lacks authority under Rule 37.02(2)(b) to make orders that would effectively adjourn a judge's fixed trial date.
Consequently, the motion was adjourned sine die, and the parties were directed to attend before Justice Firestone for directions regarding the trial date and the relief sought.
