S. Greaves

The plaintiff brought a refusals motion to compel a representative of the defendant developer to answer discovery questions about whether other purchasers had complained of being misled into buying semi-detached homes instead of detached homes.

The court found the questions relevant to the plaintiff's claims of misrepresentation and unilateral mistake, as the existence of similar complaints would make her claim more likely to be true and could shed light on the defendant's knowledge.

The motion was granted, and the defendant was ordered to answer the questions.

The plaintiff developer brought an action for breach of contract arising from an aborted sale of a subdivision house, and the defendant purchaser alleged undue influence.

The plaintiff brought a motion for summary judgment.

Following cross-examinations, both parties agreed the factual issues were discrete and appropriate for summary judgment.

The court agreed, scheduled the summary judgment motion for a half-day hearing, and established a timetable for the remaining steps, including a refusals motion.