QSL Canada Inc. v. Compass Minerals Canada Corp., T-71-24
2025-05-30
Read full decision. Summary prepared by Alan Macek:
"Compass argues that QSL improperly thwarted the cross-examination by refusing to produce documents requested in the [Direction to Attend] and by refusing to answer certain questions put to its affiant on the grounds of relevance. ... As to relevance, a document is relevant to the cross-examination if its production may assist the Court in determining whether summary judgment should be granted and the Counterclaim struck. It is not limited to what is pleaded but also includes documents which might reasonably contain information which may directly or indirectly enable the party requesting production to advance their own case or damage the case of their adversary. ... Rule 94 of the Rules makes production of the documents and other material requested in a [Direction to Attend] mandatory while providing that the Court may, on motion, relieve the person being examined from the requirement to produce where the Court is of the opinion that the document or materials are irrelevant or where it would be unduly onerous to produce them. ...As to whether the documents and materials requested in the DTA are in Mr. Lamont’s “possession, power or control,” I am satisfied, based on the material before me that those that are not in his personal possession remain within his power or control." (Thanks to Michael Shortt for a copy of this decision).