The plaintiffs in a complex commercial defamation action brought a refusals motion seeking to compel the defendants to answer discovery questions relating to past campaigns and acts of civil disobedience.
The court dismissed the motion, finding that a prior Divisional Court decision had already determined that the defendants' past campaigns were irrelevant to the action.
The court also found that the questions sought similar fact evidence and raised proportionality concerns.
The motion was dismissed with costs awarded to the defendants.