Rosebrook v. Hill Times Publishing Inc., 2024 FC 474
Associate Justice Horne - 2024-03-26
Read full decision. Automatically generated summary:
This is an action for infringement of copyright and moral rights. It has been brought as a simplified action. ... The defendant CAHN and the plaintiff cannot agree on when the documents set out in the plaintiff’s list of documents should be served. CAHN wants them now so that discovery questions can be prepared. The plaintiff says that when Rules 94, 100, and 296 are read together, CAHN is only entitled to receive the documents as part of answers to discovery questions. ... I cannot fault the plaintiff’s reading of the Rules. Rule 295 states that a party in a simplified action may serve a list of documents in lieu of an affidavit of documents. ... I do, however, agree with CAHN that delaying service of the plaintiff’s documents until after discovery questions have been served is inefficient. Proceeding in this manner would be contrary to the guiding principles of Rule 3.
Decision relates to:
- T-1702-23 - Lawney Rosebrook v. Hill Times Publishing Inc./ Publications Hill Times Inc.