Nabila F. Qureshi

The plaintiff moved for the production of redacted and unproduced documents from the defendant prior to examinations for discovery, related to his termination from Correctional Service Canada (CSC).

The defendant opposed, arguing prematurity, privilege, and public safety concerns.

The court found the motion was not premature and ordered the production of unedited CCTV footage, rejecting privacy and public safety concerns regarding inmate identities, citing relevance to the plaintiff's alleged conduct and the deemed undertaking rule.

However, the court dismissed the request for an unredacted email concerning a parking lot incident, finding it irrelevant to the pleadings.

It also dismissed the production of five emails claimed under litigation privilege, finding the defendant failed to prove litigation was reasonably apprehended at their creation.

One email, initially misdated, was found to be litigation privileged as it was created after litigation commenced.

Two emails related to security clearances were also deemed irrelevant to the remaining pleaded issues.

The defendants brought a motion for particulars of the plaintiff's statement of claim, which sought a declaration of constructive trust over properties, declarations of oppressive conduct or fraudulent conveyances, and damages.

The court partially granted and partially dismissed the motion.

Particulars were ordered for allegations regarding the indirect ownership of specific properties by each defendant and for clarifying the recipient and timing of alleged fraudulent transfers of income.

However, requests for particulars on the specific amounts claimed from each defendant for unjust enrichment/quantum meruit and the exact amounts of alleged rental payment transfers were dismissed, as these were deemed evidentiary matters not necessary for pleading.