The Town of Fort Frances, as plaintiff by counterclaim, brought a motion to compel the First Nations, Canada, and Ontario to answer questions refused during cross-examinations on affidavits filed for an upcoming summary judgment motion.
The refused questions sought the defendants' legal positions on historical documents and the disclosure of a 2018 Settlement Agreement between the First Nations, Canada, and Ontario.
The court dismissed the motion, finding that the questions regarding historical documents were in the nature of discovery and beyond the proper scope of cross-examination on an affidavit.
The court also held that the 2018 Settlement Agreement was protected by settlement privilege and did not need to be disclosed, as it did not change the ongoing litigation landscape of the Town's counterclaim.
