2 total
The court dismissed a motion to quash witness examinations, finding a reasonable evidentiary basis.
The defendant brought a motion seeking leave to quash Rule 39.03(1) examinations of its representatives that the plaintiff sought to conduct in response to the defendant's motion to stay the plaintiff's underlying lien action.
The plaintiff brought a cross-motion seeking leave to strike portions of an affidavit filed by the defendant.
The court granted leave for the defendant's motion to quash but dismissed the motion on the merits, finding that the plaintiff had established a reasonable evidentiary basis for the examinations and that the proposed witnesses were in a position to provide relevant evidence.
The court denied leave for the plaintiff's cross-motion.
Interim stay of construction adjudication order granted on condition that disputed funds be paid into court.
The applicant moved for an interim stay of a statutory adjudicator's order requiring it to pay over $288,000 to the respondent, pending a motion for leave to seek judicial review based on allegations of fraud.
The court granted the interim stay on the condition that the applicant pay the full disputed amount into court, balancing the statutory goal of prompt payment with the need to secure funds pending the leave application.