Meridian’s Motion:

Meridian argued that Concept breached its discovery obligations by producing documents only after the examination of Concept’s representative, Lonny Thiessen. Meridian requested striking portions of Concept’s Statement of Defence, blocking Concept from using the new documents at trial, and additional relief. Justice McHaffie found Concept had breached its obligations but denied Meridian's drastic proposed sanctions. Instead, Concept was ordered to pay $4,000 to cover additional discovery costs and any travel expenses for the continued examination of Mr. Thiessen.

Concept’s Motion:

Concept wanted Meridian’s representative, Samuel Plett, to re-attend discovery and answer two key questions (107 and 263). The court found both questions overly broad and dismissed them but ordered Meridian to answer a different question (348) about prior art patents. Concept also needed to provide unredacted invoices to Meridian’s counsel on a counsel’s-eyes-only basis.

Costs:

Concept was awarded net costs of $1,500 for the motions. The court ensured Concept could present the new documents at trial but maintained Meridian’s right to continue its examination of Mr. Thiessen due to the late disclosure.