Farmobile, LLC v. Farmers Edge Inc., 2021 FC 1427
Justice McHaffie - 2021-12-15
Read full decision. Automatically generated summary:
Farmobile appeals the November 3, 2021 order of Case Management Judge (CMJ) Ring dismissing its motion to require Ronald Osborne, Chief Technical Officer of Farmers Edge, to answer questions on cross-examination. The cross-examination was conducted in the context of a motion about the propriety of redactions applied to 13 emails produced by Farmers Edge. ... Farmobile failed to satisfy the CMJ that questions about the first set of redactions were relevant to the issues on the motion, which is about the second set of redactions, and they have failed to satisfy me that the CMJ made a palpable and overriding error in this regard. While cross-examination questions that go to an affiant’s sworn evidence or to their credibility may go beyond what is legally relevant to the motion on which their affidavit was filed, Farmobile has not shown that the impugned questions arise from Mr. Osborne’s affidavit or that they are fair and bona fide questions relevant to the credibility and reliability of his evidence. ... Farmobile argues Mr. Osborne should have been required to attend to answer relevant questions even if it is unsuccessful on the first aspect of its motion. I disagree. Farmobile made a tactical decision to purport to adjourn the cross-examination and seek directions when its questions about the first redactions were refused, rather than asking any further questions it may have had. They do not now have the opportunity to undo the consequences of that decision by seeking to continue their cross-examination as if it had not been adjourned.
Decision relates to:
- T-449-17 - FARMOBILE, LLC. v. FARMERS EDGE INC.