Leggat and 1180330 Ontario Inc. v. Jennings, Beck, 2015 ONSC 6363
DIVISIONAL COURT FILE NO.: 415/15
COURT FILE NO. 7135/12 and 673/13
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
WILTON-SIEGEL, D. L. CORBETT AND BALTMAN JJ.
BETWEEN:
BRIAN LEGGAT and 1180330 ONTARIO INC.
Plaintiffs (Appellants)
– and –
KELLY JENNINGS, CRAIG BECK, 1393024 ONTARIO INC., 921384 ONTARIO INC. d.b.a. MIDLAND HONDA, POWERBAND GLOBAL INC., ELIZABETH JENNINGS, BRIANNE JENNINGS, COURTNEY JENNINGS, 2213922 ONTARIO INC. d.b.a. PENINSULA AUTOMOTIVE SALES & LEASING and 2415007 ONTARIO INC.
Defendants (Respondents)
AND BETWEEN:
Court File No. 673/13
KELLY JENNINGS and 1393024 ONTARIO INC.
Plaintiffs
– and –
BRIAN LEGGAT, DOUG LEGGAT, 1180330 ONTARIO INC., 2095008 ONTARIO INC., 2155866 ONTARIO INC., FOUR WAYS INC. (F.K.A. 2064281 ONTARIO INC.), 952430 ONTARIO INC., 4061420 CANADA INC., and LEGGAT PONTIAC BUICK CADILLAC LIMITED
Defendants
Rocco DiPucchio and Lauren P. S. Epstein, for the Defendants, Brian Leggat, Doug Leggat, 1180330 Ontario Inc., 2095008 Ontario Inc., 2155866 Ontario Inc., Four Ways Inc., (F.K.A. 2064281 ONTARIO INC.), 952430 Ontario Inc., 4061420 Canada Inc., and Leggat Pontiac Buick Cadillac Limited
Neil Rabinovitch and Kathryn A. McCulloch, for the Defendants, Kelly Jennings, 1393024 Ontario Inc., 921384 Ontario Inc. d.b.a. Midland Honda, Elizabeth Jennings, Brianne Jennings, Courtney Jennings and 2213922 Ontario Inc. d.b.a. Peninsula Automotive Sales & Leasing
HEARD at Toronto: October 14, 2015
D. L. CORBETT J. (ORALLY)
1The parties agree that the order of Gray J. is interlocutory and does not bind the trial judge.
2The trial has commenced. That should generally be an end to interlocutory proceedings, including interlocutory appeals. The trial judge is best positioned to consider all of the circumstances in order to determine whether solicitor/client privilege has been waived, and whether principles of fairness and consistency justify penetrating the privilege. The trial judge is also best positioned to tailor any order for production with the foundation provided for that production: something not reflected in the very broad requests for disclosure that were at issue in the objections argued before the motions judge. Finally, the trial judge is best positioned to decide any scheduling or trial fairness issues that arise as a result of any production order that he might make.
3We conclude that the appeal is now moot, at least on a practical level. We do not consider that the potential benefit of disclosure of the contested documents prior to resumption of the trial in February 2016 is sufficient to justify this Court issuing a decision of substance in this case, now that it is mid-trial. We dismiss the appeal.
WILTON-SIEGEL J.
COSTS
4I have endorsed the Appeal Book, “For reasons delivered orally today by D. L. Corbett J., the appeal is dismissed as moot. Costs are fixed in the aggregate amount of $22,000 for both the leave application as well as this appeal, payable in the discretion of the trial judge.”
___________________________ D. L. CORBETT J.
WILTON-SIEGEL J.
BALTMAN J.
Date of Reasons for Judgment: October 14, 2015
Date of Release: October 16, 2015
CITATION: Leggat and 1180330 Ontario Inc. v. Jennings, Beck, 2015 ONSC 6363
DIVISIONAL COURT FILE NO.: 415/15
COURT FILE NO. 7135/12 and 673/13
DATE: 20151014
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
WILTON-SIEGEL, D. L. CORBETT AND BALTMAN JJ.
BETWEEN:
BRIAN LEGGAT and 1180330 ONTARIO INC.
Plaintiffs (Appellants)
– and –
KELLY JENNINGS, CRAIG BECK, 1393024 ONTARIO INC., 921384 ONTARIO INC. d.b.a. MIDLAND HONDA, POWERBAND GLOBAL INC., ELIZABETH JENNINGS, BRIANNE JENNINGS, COURTNEY JENNINGS, 2213922 ONTARIO INC. d.b.a. PENINSULA AUTOMOTIVE SALES & LEASING and 2415007 ONTARIO INC.
Defendants (Respondents)
AND BETWEEN:
Court File No. 673/13
KELLY JENNINGS and 1393024 ONTARIO INC.
Plaintiffs
– and –
BRIAN LEGGAT, DOUG LEGGAT, 1180330 ONTARIO INC., 2095008 ONTARIO INC., 2155866 ONTARIO INC., FOUR WAYS INC. (F.K.A. 2064281 ONTARIO INC.), 952430 ONTARIO INC., 4061420 CANADA INC., and LEGGAT PONTIAC BUICK CADILLAC LIMITED
Defendants
ORAL REASONS FOR JUDGMENT
D. L. CORBETT J.
Date of Reasons for Judgment: October 14, 2015
Date of Release: October 16, 2015