The Plaintiff brought a motion seeking an affidavit of documents and discovery from one defendant (Aloe), further affidavits and discovery from other defendants, and leave to examine non-parties (Nick and Gerry De Luca and their counsel, James) for discovery regarding a disputed property (121 Evans Avenue).
The Defendants brought a cross-motion to amend their defence to withdraw certain admissions and to compel the Plaintiff to provide an accounting of lost profits and diverted assets.
The court granted the Plaintiff's request for further affidavits and discovery from some defendants (Chiappetta, Pulcini, M.J.R. Enterprises) but dismissed the requests for non-party discovery and discovery of Aloe.
The Defendants were permitted to amend their defence with restrictions on withdrawing admissions.
The Plaintiff was ordered to provide an accounting of diverted assets, but not lost profits, and only after the Defendants' discovery was complete.
Costs were awarded to the Plaintiff for parts of the motion.
