Galerie au Chocolat Inc. v. Orient Overseas Container Line Ltd.

In Admiralty Practice, Discovery on (Updated )

Technically this was an application to appeal a case management order of a prothonotary, however, it raised issues relating to discovery. Specifically, the defendant had requested a case management conference to address whether the plaintiff had failed to provide satisfactory answers to requests/undertakings given at discovery. The prothonotary refused the request and ordered the defendant to produce a pre-trial conference memorandum. The appeal Judge noted that “a discretionary order of a prothonotary ought not to be disturbed unless the issues it raises are vital to the final disposition of the case or the prothonotary exercised his or her discretion on the basis of a wrong principle or of a misapprehension of the facts”. The Judge held that issues relating to discovery are not “vital to the final disposition of the case”. The appeal was accordingly dismissed.