Defendants: Harjinder Singh Cheema, Cheema Brothers Trucking Ltd., and Cheema Bros. Transport Ltd.
Case Focus: A property at 6728-152nd Street, Surrey, BC, owned by Harjinder Cheema. Plaintiffs claimed a beneficial interest, alleging Mr. Cheema held it as trustee.
Legal Arguments/Issues:
Will-Say Statements: Plaintiffs sought detailed will-say statements from five non-party witnesses (Rajpal Cheema, Satpal Cheema, Alamjeet Cheema, Raj Binpal, and Swarn Sekhon) and a list of additional defense witnesses. The court emphasized that will-say statements must summarize anticipated evidence substantively.
Procedural Context: The case experienced delays and extensions, increasing from 25 to 95 days. The court issued orders to ensure timely exchange of will-say statements.
Legal Principles: Referenced Rule 1-3 and Rule 12-2(9)(g) of the Supreme Court Civil Rules, emphasizing just, speedy, and proportionate proceedings. Cited cases highlighted the need for detailed will-say statements for trial efficiency and fairness.
Court Decision:
The court ordered the defendants to provide detailed will-say statements by July 19, 2024, addressing deficiencies.
For additional witnesses related to the 16th Avenue Properties, defendants were to notify plaintiffs within 24 hours of plaintiffs closing their case and provide detailed will-say statements within 72 hours.
Costs of the application were ordered to be costs in the cause.
Total Costs/Awards:
No specific monetary award or costs mentioned. The ruling focused on procedural compliance and case management.
