Précis: The court ordered that claimants proceeding by way of action produce documents that may be relevant.
Full SummarySeaspan International Ltd. et al. v. The Ship "Ewa", 2004 FC 124
This was a motion by the Defendant to compel the re-attendance of various discovery witnesses to answer questions which had been refused at examinations for discovery. The questions related generally to claims and settlement agreements as between the Plaintiffs and sought the production of any settlement agreements. As a preliminary point the Prothonotary considered whether the scope of production of …
Full SummaryUnitor ASA v. The "Seabreeze I", 2001 FCT 416
In this matter a claimant alleged that the Defendant vessel was sold by judicial sale to a nominee of the ship’s mortgagee. This information came from various published newspaper reports. The claimant sought to compel the mortgagee to answer questions on cross-examination and to produce documents relating to the identity of the purchaser at the judicial sale, its corporate relationship …
Full SummaryGalehead Inc. v. The "Trinity", 1998 CanLII 8769
This was a motion for production of documents. The significant issue in the motion was whether production of documents under the Federal Court Rules, 1998 was wider than under the old rules. The Prothonotary reviewed Rules 223(1) and 222(2) and determined that the definition of relevancy under the new rules was, if anything, narrower than under the old rules. Nevertheless, …
Full SummaryThe Governor and Company of the Bank of Scotland v. The "Nel", 1998 CanLII 8628 (FC)
This was an application to strike out the affidavit of claim of the Plaintiff on the grounds that proper production of documents had not been made or, in the alternative, an order for production. During the course of his reasons the Prothonotary noted that a cross examination on an affidavit is not as free ranging as an examination for discovery …
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