The non-party moving party, Westbrook Greenhouse Systems Ltd., sought to set aside a portion of a 2022 third-party production order obtained by the plaintiff, Enertec Engineering.
Westbrook's president had failed to respond to the original motion because he misread the scope of the requested production, mistakenly believing it only applied to municipal filings.
The court found that this inattentive but honest mistake fell within the scope of Rule 37.14(1)(b) of the Rules of Civil Procedure.
Consequently, the court granted the motion to set aside the production paragraph to allow the issue to be re-litigated, but declined to award costs to Westbrook due to its president's initial carelessness.
