K. Patel

The moving party brought a motion to compel the responding party to produce pre-July 2015 plant data and answer written discovery questions pursuant to a prior consent order.

The responding party brought a cross-motion to compel the moving party to answer written questions.

The court ordered the responding party to produce the plant data, with the moving party to pay 50% of the production costs up to $25,000.

The court also interpreted the prior consent order broadly, directing both parties to answer all refused written discovery questions relating to the amended pleadings.

In the context of CCAA proceedings for U.S. Steel Canada Inc. (USSC), the applicant sought approval for Transition Arrangements with its parent company, a Business Preservation Plan involving significant cash conservation measures (including suspension of pension, OPEB, and municipal tax payments), and Amended DIP Financing.

The court approved the motions, finding that the Transition Arrangements were fair and reasonable, and that the Business Preservation Plan and DIP financing were necessary to allow USSC to continue operations and pursue a restructuring solution, despite objections from the union and municipalities regarding the suspension of benefits and taxes.

The plaintiff brought a motion seeking further documentary production and access to the defendants' hard drives, alleging that the defendants withheld relevant emails regarding an alleged oral agreement for a 20% interest in a business.

The court dismissed the motion, finding that the plaintiff failed to provide an evidentiary basis to show that the requested documents actually existed or were relevant to the pleadings.

The court held that a party cannot rely on mere suspicion or engage in a fishing expedition to force a responding party to prove a negative.

Costs were awarded to the defendants on a partial indemnity scale.