Anton Piller orders require “compelling evidence” to establish dishonesty and a real possibility that a party will destroy evidence
The rules governing examinations for discovery require litigants to disclose all documents relevant to a particular action to their opponent subject to considerations of solicitor-client privilege, litigation privilege, and settlement privilege. These rules rely on the good faith of the parties not to conceal or destroy any relevant documents. When, however, a party suspects that the other may destroy evidence, it can ask the court for what is called an Anton Piller order without prior notice to its opponent. Such an order compels the party subject to the order to allow access to its premises to search and seize documents ... [more]
Parliamentary privilege trumps Competition Act, Tribunal rules
After a 10 year struggle, Robert Gauthier, proprietor of now defunct The National Capital News Canada tried unsuccessfully to renew his application to the Competition Tribunal to force the Speaker of the House of Commons to grant him access to the Parliamentary Press Gallery. [more]
Performance, and Labour and Materials Payment Bonds – Avoiding the Pitfalls of the Surety’s Defences to a Bond Claim
The comfort provided by a surety bond can be lost easily if one does not cross one’s T’s and dot one’s I’s. However, by being aware of the defences most often raised by sureties you can chart a course that reduces the likelihood that the surety bond ends up as nothing more than a souvenir of a construction project gone wrong. [more]
Dolby complaint silenced
Sono Pro loses bid to force supply of Dolby equipment at discount
Sono Pro Inc., a Montreal professional audio equipment reseller, has lost its attempt to force Sonotechnique P.J.L. Inc. to supply it with Dolby products. [more]
The letters rogatory that got away
Last fall, the Ontario Court of Appeal overturned an order enforcing a request for international judicial assistance (also known as letters rogatory) that sought to compel a former executive of a Talisman Energy Inc. subsidiary to be deposed in a U.S. action. [more]
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