Monthly Archives: February 2010

Judge Says Motion to Compel Answers to Undertakings Requires Leave After Case Set Down for Trial

Mr. Justice Paul Perell has released a decision that discusses the effect to be given to Rule 48.04 of the Rules of Civil Procedure and its prohibition against initiating or continuing any motion or form of discovery without leave of … Continue reading

Posted in Discovery, Practice and Procedure | Leave a comment

Judge Declines to Decide Discoverability Issue on Summary Judgment Motion, Despite Expanded Powers

Zurba v. Lakeridge Health Corporation is the first decision we have seen of a summary judgment motion decided under the amendments to Rule 20. Unfortunately, it suggests that “the new boss” bears a strong resemblance to “the old boss”. If … Continue reading

Posted in Discoverability, Limitation Periods, Practice and Procedure | 1 Comment