The case Cho v. Harmony Ceramic Dental Laboratory Ltd. (2024 ABKB 571) revolves around a disagreement about whether the defendants waived their right to "Part 5 questioning" of the plaintiff after a Consent Order was agreed upon. Below is a summary of the key points:

• Background: The parties reached a Consent Order on January 12, 2023, aimed at moving the case forward. The main disagreement is whether this order waived the defendants’ right to conduct Part 5 questioning of the plaintiff.

• Court Findings:

  • A Consent Order is interpreted like a contract between private parties. The meaning of such an order is not about what the judge intended but what the parties agreed to, based on the wording and surrounding context.
  • The court ruled that the defendants did not waive their right to Part 5 questioning prior to the completion of the questionings outlined in the Consent Order (paragraphs 2 and 5).
  • However, the Consent Order did specify that no further pre-trial steps could be taken after the completion of those questionings, at which point the case would transfer to Provincial Court and be scheduled for trial.

• Conclusion: The defendants retained the right to Part 5 questioning up until the completion of the agreed steps but waived any additional pre-trial procedures in the Court of King's Bench after that point. No monetary award was specified. No clear successful party identified. The decision focused on clarifying the parties' rights under the Consent Order rather than rendering a final judgment on the merits of the case.