R.B. Macdonald

The self-represented plaintiff brought a motion to compel the defendants to deliver a further and better Affidavit of Documents in a breach of contract action.

Success on the motion was divided, with the defendants ordered to make further inquiries and produce certain documents, while other requests were deferred to examinations for discovery.

The plaintiff sought costs of $4,039.56 for disbursements, while the defendants argued costs should be reserved.

The court concluded that given the divided success and early stage of the proceedings, costs of the motion should be in the cause and reserved to the trial judge.

The plaintiff brought a motion seeking further documentary production and access to the defendants' hard drives, alleging that the defendants withheld relevant emails regarding an alleged oral agreement for a 20% interest in a business.

The court dismissed the motion, finding that the plaintiff failed to provide an evidentiary basis to show that the requested documents actually existed or were relevant to the pleadings.

The court held that a party cannot rely on mere suspicion or engage in a fishing expedition to force a responding party to prove a negative.

Costs were awarded to the defendants on a partial indemnity scale.