Walstrom v. Markus (SCG Performance)
Carl Owen Walstrom
Law Firm / Organization
Baker Newby LLP
Lawyer(s)

Benjamin Lorimer

Brennan Owen Walstrom
Law Firm / Organization
Baker Newby LLP
Lawyer(s)

Benjamin Lorimer

Neil Brandon Markus doing business as SCG Performance
Law Firm / Organization
Not Specified
Lawyer(s)

J.N. Halperin

Facts: Carl Owen Walstrom and Brennan Owen Walstrom filed a lawsuit against Neil Brandon Markus, doing business as SCG Performance. The plaintiffs claimed that automotive services provided by Markus were faulty, causing them damages. Markus countered by alleging that the plaintiffs made defamatory statements against him.

Legal Issues:

  1. Exclusion from Discovery: Markus sought to have the plaintiffs excluded from each other’s examinations for discovery, arguing that their presence together could lead to tailoring of evidence due to familial loyalty.
  2. Right to Presence: The court had to determine whether the plaintiffs' right to be present at all stages of the litigation, including discovery, outweighed the risk of a potential violation of justice.

Judgment: The court dismissed Markus’s application to exclude the plaintiffs from each other’s discovery examinations. Justice Caldwell ruled that the onus on the applicant to prove a threat to the essential justice was heavy and that Markus did not provide sufficient evidence to justify the exclusion.

Costs: The plaintiffs were awarded one set of costs at Scale B, as they were represented by the same counsel.

Total Amount of Costs: The specific monetary amount for the costs was not detailed in the judgment.

Supreme Court of British Columbia
S02584
Civil litigation
Plaintiff