The defendants, a condominium corporation and an individual, brought a motion to replace the plaintiffs' chosen corporate discovery representative, Edgar Arabian, with Senthuran Krishnakulasingham (SK).
The defendants argued SK was more knowledgeable and Arabian had a conflict of interest.
The plaintiffs opposed, asserting Arabian's sufficient knowledge, absence of conflict, and SK's ineligibility as a former director whose answers would not bind the corporation.
The court dismissed the motion, finding Arabian had sufficient knowledge despite SK potentially being more knowledgeable on some issues.
The alleged conflict of interest was not substantiated as the information shared by Arabian was legitimately available to unit owners.
Crucially, SK was deemed ineligible because, as a former director, his counsel admitted his answers would not bind the corporation, rendering his examination ineffective.
