The plaintiff brought a motion seeking to strike the defendant's statement of defence for failure to attend examinations for discovery and mediation, and in the alternative, sought an order compelling the defendant to produce Marc Wade as its representative for discovery.
The defendant opposed the motion to strike and the order compelling production of Marc Wade, but did not oppose a status hearing or extension of the set-down deadline.
The court granted the motion to compel production of Marc Wade as the discovery representative, finding him to be the controlling mind of the defendant and therefore an appropriate officer or employee under the Rules of Civil Procedure.
The court dismissed the motion to strike the statement of defence, finding the defendant had reasonably explained its failures and that striking the defence was not a proportionate remedy.
The court granted a status hearing, extended the set-down deadline, and imposed a court-ordered litigation timetable.
The defendant was ordered to pay costs fixed at $14,000 on the partial indemnity scale.
