Confirmation that Leave Required For Refusals Motion Following Delivery of Trial Record

July 15, 2013 | Amelia M. Leckey

Confirmation that Leave Required For Refusals Motion Following Delivery of Trial Record
Hamilton v. Ontario (MTO) 2013 ONSC 4536

On July 15, 2013 Justice Firestone ruled that, where a party has delivered a trial record, they must obtain leave to bring a motion seeking answers to questions refused on discovery.

Prior to the release of the reasons of Justice Firestone there were two directly conflicting decisions on the issue.   In a February 2010 decision, Van Ginkel v. East Asia Minerals Corp 2010 ONSC 905, Justice Perrell held that leave was required.   In a July 2010 decision, Blagrove v. Whittington 2010 ONSC 3748, Justice Lauwers held leave was not required.

For further reasons with respect to this issue it is helpful to also review the decision of Master Graham in Jetport Inc. v. Global Aerospace Underwriting Managers et al 2013 ONSC 2740 which was referenced by Justice Firestone.

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