Plaintiff
Defendant
Background and Issues in Dispute: The case centered on a disputed oral agreement between the plaintiff and her late father, Allan Roy Thomson, the managing partner of A.R. Thomson Group (ARTG). The plaintiff claimed she would be reinstated as a partner in ARTG after resolving a dispute with her former spouse. Allan Roy Thomson was ordered to attend further discovery but passed away before doing so. The plaintiff then sought to examine Todd Thomson. The defendant argued that discovery should wait until after a pending application to strike the plaintiff’s claims as an abuse of process.
Applicable Law: The court considered Rule 7-2 of the Supreme Court Civil Rules, which entitles parties to discovery. Rule 7-1(22) allows the court to determine issues before discovery if desirable.
Held: The court found that postponing discovery until after the strike application was justified, as the discovery questions were personal and related to issues that would be moot if the strike application succeeded. The plaintiff’s application was dismissed, with leave to reapply if the strike application was unsuccessful.
Costs/Damages: The plaintiff was ordered to pay the defendant's costs, which were to be determined later.
Court
Supreme Court of British ColumbiaCase Number
S158569Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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