Kevin Massicotte

The plaintiff brought a motion to examine representatives of two non-party corporate shareholders (Lake and JLA) under Rule 31.03(8), arguing the action was being defended for their immediate benefit due to an indemnification agreement and litigation accrual fund.

The plaintiff also sought a further and better affidavit of documents.

The court found that the non-parties had a direct financial interest in the outcome and were beneficial parties.

The court ordered the examinations of the non-parties' principals, limited to 10 hours total, and ordered the defendant to serve a further and better affidavit of documents.

The plaintiff real estate brokerage sued the defendants for a $250,000 commission under a Buyer Representation Agreement (BRA) after the defendants purchased a commercial property.

The sole issue at trial was whether the defendant signed a specific initial on the BRA extending its term to one year, which would cover the date of the purchase.

Both parties called forensic document examiners to testify on the authenticity of the initial.

The court found the plaintiff's expert more reliable and concluded on a balance of probabilities that the defendant did sign the initial.

The plaintiff was awarded the $250,000 commission.