Melanie Simon

The plaintiff brought a motion to compel the defendant to deliver its Affidavit of Documents and Schedule "A" productions, despite the suspension of procedural timelines due to COVID-19 emergency orders.

The defendant, an essential business, resisted production citing safety concerns for its CEO who lived with a high-risk individual.

The court granted the plaintiff's motion, finding that the defendant could safely facilitate document gathering and that litigation should continue despite the pandemic.

Costs were awarded to the plaintiff.

The plaintiff, Gavita Canada Inc., brought a motion to compel the defendant, National Grower Supply Inc., to deliver a supplementary affidavit of documents and attend an examination for discovery, and for costs.

The defendant opposed, arguing the action was stayed under Rule 11.01 of the Rules of Civil Procedure due to Gavita's amalgamation, which it claimed constituted a transfer of interest.

The court found that amalgamation under the Canada Business Corporations Act does not result in a transfer or transmission of interest, and therefore, the action was not stayed.

The court granted the plaintiff's requests, compelling document production and discovery, and awarded costs thrown away due to the defendant's improper conduct at the prior examination.