Court of Appeal for Ontario

Date: 2017-01-26 Docket: C61390 (M45940)

Judges: Doherty, Brown and Miller JJ.A.

Parties

Between

Martha Coady Appellant (Plaintiff)

and

Scotiabank and a person or persons unknown Defendants

and

The Librarian and Archivist of Canada Respondent (Respondent)

Counsel

Martha Coady, appearing in person

Evan L. Cappe for Scotiabank

Helene Robertson for the respondent, the Librarian and Archivist of Canada (represented by the Attorney General of Canada)

Hearing and Lower Court

Heard and released orally: January 26, 2017

On appeal from: The order of Justice John M. Johnston of the Superior Court of Justice, dated November 13, 2015.

Endorsement

[1] We will assume without deciding that the order under appeal is a final order and therefore appealable directly to this court.

[2] On the appeal from the part of the order varying paras. 3 and 4 of the December 17, 2013 order, by deleting those paragraphs, we agree with the motion judge's analysis and conclusions at paras. 13 to 19.

[3] On the appeal from the part of the order quashing the summons to witnesses, again, we agree with the motion judge's analysis at para. 21. There was nothing in the material referable to the motion in which the summons to witness was issued to suggest that the witnesses, or specifically documents in the control of the witnesses, had any relevance to the motion or to the claim brought by the appellant against the bank.

[4] This litigation is an action brought by the appellant against the Bank. The claim was started four and one-half years ago and has not yet reached discovery. The time has come for discoveries to be held so that the appellant can find out exactly what the Bank has and does not have, and what the Bank relied on and did not rely on by way of relevant documentation or evidence from other persons.

[5] We direct that the discoveries in this matter should proceed before any further motions are brought seeking to compel the evidence of, or documents in the possession of, persons who are third parties and not named in this litigation.

[6] The appeal is dismissed.

[7] Costs are awarded to the respondent in the amount of $3,800, inclusive of disbursements and relevant taxes.

Doherty J.A. D.M. Brown J.A. B.W. Miller J.A.