The parties brought cross-motions regarding undertakings and refusals from examinations for discovery in an action for malicious prosecution and negligence arising from a failed business loan application and subsequent fraud charges.
The court ordered the plaintiff to answer questions regarding the estate trustee's previous business dealings, prior fraud conviction, and the factual basis for the malicious prosecution claim.
The court also ordered the defendants to answer specific questions regarding the information provided to the RCMP, while upholding refusals for questions that were argumentative, irrelevant, or already answered.
The defendants were largely successful on the motion.