Rule Details
MOSCA v LANDMARK WEST CAPITAL MANAGEMENT INC
Rules Discussed
- Rule 5.11 Order for record to be produced
- Rule 5.2 When something is relevant and material
- Rule 5.33 Confidentiality and use of information
- Rule 14.72 Binding precedents
Case Summary
This decision concerns an Appeal by the Plaintiffs, and a Cross-Appeal by the Defendant, of an Order by the Court of King’s Bench (the “Order”).
The Appeal challenged the portion of the Order permitting the Defendant to maintain its Certificate of Lis Pendens (the “CLP”). However, the Order also provided that, upon the Plaintiff amending their Statement of Claim to remove the claim for specific performance, the Defendant would be required to discharge the CLP forthwith. Although the Plaintiffs later amended the Statement of Claim in accordance with the Order, the Defendant did not withdraw the CLP.
The Cross-Appeal contested a portion of the Order which denied the Defendant’s request for production.
The Court dismissed the Plaintiffs’ Appeal as moot, noting that the Defendant was already obligated under the Order to withdraw the CLP. The Court also dismissed the Cross-Appeal, finding that the Defendant’s production request was overly broad and requiring particulars.
The Court awarded costs of both the Appeal and the Cross-Appeal to the Plaintiffs, in part because the Appeal would not have been necessary if the Defendant had complied with the Order.