Kimberly Ann Newton

The plaintiff, a trucking broker, sought summary judgment against two defendant carriers for damages arising from the theft of a poultry shipment, including the value of the goods and significant customs duties levied due to the theft occurring in Canada.

The defendants denied liability, citing lack of notice and unforeseeable damages.

The court dismissed the plaintiff's motion for summary judgment, finding that the factual matrix, including conflicting evidence on sub-brokering authorization, untested expert opinions, and unresolved issues regarding notice of claim under the Carriage of Goods Regulation, was not suitable for disposition under Rule 76 simplified procedure.

The matter was directed to proceed to trial.

The defendants in a motor vehicle accident action brought a motion under Rules 30.10 and 31.10 for production of documents and examination for discovery from certain non-party corporations and individuals.

The information sought related to the deceased plaintiff's past and future dependency loss claims, which exceeded $5,000,000.

The court granted the request for production of specific financial and corporate documents from the non-party entities, finding it necessary to avoid trial unfairness given the plaintiffs' reliance on this information for their expert report.

However, the motion for leave to examine the non-party individuals was dismissed as premature, with leave to renew if the produced documents proved insufficient.