On a case management motion, the moving party sought to resolve an impasse over the proper corporate representative for the defendant's continued examination for discovery.
The court found that defence counsel had agreed that the same former building director who had already been examined would be produced for the continuation, and rejected objections based on evasiveness, anticipated undertakings, and expense as speculative or unsupported by the record.
The court ordered that witness to continue as the defendant's discovery witness, subject to a term preserving the defendant's ability to claim related witness expenses as a Tariff A disbursement reserved to the trial judge.
Costs of $5,000 were awarded to the moving party.
