Legal Blog

Undertakings & Refusals

Maxrelco Immeubles Inc. Jim Pattison Industries Ltd. 2017 Ont SCJ

The judge held the following:

1. The mere consent by a party to setting the dates for trial is not a consent under Rule 48.04(1) to place the action on the trial list. Accordingly, the party consenting to dates may still bring motions that are unavailable to the party setting down the action for trial.

2. A right to a follow-up discovery, oral or written, after receiving answers on undertakings or refusals is not absolute. The court must determine whether, if the answers had been given at the discovery itself, the opposing party would have been able to ask follow-up questions.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.