Success On Class Action Discovery Plan Appeal
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Eric Hoaken, Ian Matthews and Lisa Lutwak were successful before the Ontario Divisional Court in defeating a motion for leave to appeal brought by the defendant, Canada Cartage, in a certified class action. Canada Cartage was seeking to resist an order by the motion judge, Belobaba J., requiring that certain categories of documents be produced as part of the discovery process. In reasons released on September 20, 2016, Dambrot J. held that Canada Cartage failed to persuade him that leave to appeal should be granted. The Divisional Court cited directly from LOLG’s factum, stating that “[d]iscovery plans are meant to expedite and facilitate the discovery process through cooperation. Canada Cartage’s motion for leave to appeal the discovery plan decision unnecessarily prolongs the discovery process and adds costs. Put simply, this motion is “sideshow litigation” that should not be permitted by this Court.” LOLG’s client was awarded $25,000 in costs. The decision of Dambrot J. can be found here: http://canlii.ca/t/gtr5z