The Plaintiff sought to compel the officer of the Defendant corporation to comply with refusals to provide or answer Undertakings arising from Questioning, as well as to require the Defendant corporation’s officer to provide or further or better answers to Undertakings arising from Questioning. The Defendant cross-applied to have the Plaintiff provide further and better answers to Undertakings arising from the Questioning.

Graesser J. considered Rule 1.2 prior to making specific rulings on each refused Undertaking. His Lordship noted that under Rule 1.2, litigation is to be resolved in a timely and cost-effective manner, and it is key to identify the real issues in dispute and facilitate a timely resolution to the claim.

Graesser J. further considered Rule 1.2 in determining whether an Undertaking was properly refused. Graesser J. found that, because the Plaintiff intended to bring an Application to make the Action a class action proceeding, it would be contrary to the “spirit of the Foundational Rule to put the exploration of this issue on hold until a certification application has been brought.”