Del Ridge Homes Inc. v. Ledgemark Homes Inc., 2022 FC 566
Justice Strickland - 2022-04-20
Read full decision. Automatically generated summary:
This is an appeal from an order of Prothonotary Milczynski, dated February 14, 2022, in which she dismissed a motion brought by Ledgemark seeking a protective order containing “counsel’s eyes only” provisions. The appeal is brought on motion by Ledgemark pursuant to Rule 51 of the Federal Courts Rules. ... Given the Prothonotary’s above reasons, I am not persuaded that she erred in law by requiring more than a good faith belief of harm. Rather, the Prothonotary found that a good faith belief was alone not enough; Ledgemark also had to establish a real and substantial threat of harm, grounded in the evidence, but had failed to do so. ... In conclusion, the Prothonotary did not err in law. She identified the correct legal test to be applied when determining if a protective order, with counsel’s eyes only designation, should be granted.
Decision relates to:
- T-683-20 - DEL RIDGE HOMES INC. v. LEDGEMARK HOMES INC.