Key Legal Issue: OCEL sought the production of specific documents from the defendants, arguing they were relevant to a commercial dispute concerning a management buyout and reorganization of The Athletic Club (now Movati Athletic Inc.).

Documents Requested:

1. Emails sent or received by David Wu using a specific email address.
2. Blackberry Messenger (BBM) chats involving Mr. Wu.
3. Emails between Mr. Wu and the law firm Blake, Cassels & Graydon LLP.
4. Forensic data copies from smartphones and computers used by the defendants.

Defendants' Argument: The defendants argued that the documents requested were not in their possession, control, or power.

Court's Findings:

• The court found no evidence that the defendants had the documents or that they were in a position to produce them.
• The court concluded that the plaintiff's request did not meet the requirements under Rule 30.02(1) of the Ontario Rules of Civil Procedure.

Outcome: The motion was dismissed with costs awarded to the defendants. OCEL was ordered to pay $5,000 in costs to the defendants within 30 days.

Key Points:

• The court emphasized that documents must be disclosed only if they are in the possession, control, or power of the party.
• The plaintiff's failure to provide sufficient evidence led to the dismissal of the motion for document production.