Background:
- Sound Insurance sued Greensides & Breen Insurance Brokers and Chris Hossein, a former employee, for breach of contract, fiduciary duties, and conspiracy to misappropriate clients.
- Greensides sought a court order compelling answers to discovery questions and undertakings.
Key Issues and Court’s Decision:
-
Did Greensides need court approval to file its motion?
- No, as the current rule applies retrospectively. Even under the old rule, Greensides did not consent to setting the case down for trial.
-
Should Sound and Hossein answer refused discovery questions?
- No, the questions were improperly directed at counsel, not the parties, and were irrelevant to the case.
-
Should Greensides access Hossein’s client records at Oracle?
- No, Oracle’s client list is unrelated to whether Hossein breached his obligations to Sound.
-
Should Sound provide better answers to undertakings?
- Yes, Sound must:
- Explain its efforts to access old emails.
- Provide more details on communications with the Bank of Montreal regarding business valuation.
- Produce a security agreement related to Hossein’s assets.
Conclusion:
- Greensides’ motion was partially granted.
- Sound must provide further responses to five undertakings but is not required to answer refused questions.
- No damages or costs were awarded in this decision.
