The defendants brought a refusals motion to compel the plaintiff's counsel, Mr. Tuovi, to answer questions during cross-examination on his affidavit.
The questions related to the internal workings, formation, and strategic decisions of a consortium of class counsel prosecuting multi-jurisdictional class actions against the defendants.
The court dismissed the motion, finding that the questions were irrelevant to the underlying motion to stay the Ontario action and that, even if raised in the affidavit, the court had discretion not to compel answers to irrelevant questions, particularly those delving into privileged internal communications of the consortium.
