This decision addresses ongoing procedural disputes in a long-standing action, primarily concerning discovery obligations, tracing orders, and a motion for leave to strike a statement of defence.
The court ordered the defendants to provide further clarification and information, including affidavits, regarding specific written questions and the tracing of funds from second and third mortgages.
However, the plaintiffs' requests for a tracing order concerning the property's sale proceeds and leave to bring a motion to strike the statement of defence were denied.
The court emphasized the need to move the matter towards mediation and trial, noting that discovery was largely complete.
