·  Case Overview: The dispute involves the defendants' alleged illegal possession of certain lands on the shore of Lake Temagami, where they are accused of operating an unlicensed gas bar business. The plaintiff seeks an order for the defendants to vacate the lands.

·  Motions and Cross-Motions:

• The Crown sought to dismiss the action against Clifford Foster Lowery, arguing no cause of action remained against him.
• Temagami Barge Limited filed a cross-motion to dismiss the entire action, alleging abuse of process due to a supposed undisclosed agreement between the Crown and Mr. Lowery, where Mr. Lowery was allegedly released from the action in exchange for favorable testimony.

·  Key Legal Issues:

• Whether the Crown should be compelled to answer questions and produce documents relating to the alleged secret agreement and abuse of process.
• Issues of privilege, relevance, and procedural rules (Rule 39 of the Ontario Rules of Civil Procedure) were debated.

·  Court's Decision:

• Justice Nadeau ordered that certain questions be answered and documents produced, particularly those that were previously refused based on claims of irrelevance or privilege.
• The court indicated the need for clarity on privilege claims and their relevance to the alleged secret agreement and abuse of process claims.

·  Next Steps:

• The dismissal motions are scheduled to be heard on October 25, 2024.
• If the parties cannot agree on the costs of the motion, written submissions regarding costs are to be filed.