Associate Judge Karen E. Jolley

The plaintiff brought a motion for a further and better affidavit of documents from her former employer and related defendants in a wrongful dismissal and discrimination action.

The plaintiff sought seven categories of documents, arguing they were necessary to respond to a pending summary judgment motion.

The court dismissed the majority of the requests, finding that the defendants had either already produced the relevant documents, the documents did not exist, or the requested documents (such as other employees' severance packages) were privileged and irrelevant.

The court granted the request for documents relating to the rationale for not awarding the plaintiff a salary increase in early 2014.

The plaintiffs brought a motion to compel the defendant, Hossein Azargive, to reattend discovery to answer numerous refusals.

The refusals concerned questions about photographs, design-related issues, applicable professional standards, and specific factual inquiries regarding negligent renovation work.

The court found the questions relevant to the pleadings and the defendant's defence, including his professional standards and expert opinion.

The motion was granted, and the defendant was ordered to reattend discovery.

The applicant sought leave under Rule 39.02(2) of the Rules of Civil Procedure to file additional affidavit materials for a pending partial summary judgment motion, after cross-examining the respondents' affiant.

The court dismissed the motion, finding that the applicant failed to provide a satisfactory explanation for not including the evidence initially.

The court emphasized that Rule 39.02(2) is not intended to correct deficiencies highlighted by cross-examination or to bolster a case due to an unexpected adjournment, and that parties are obliged to put their best case forward before cross-examination.