IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation: Thermo Tech et al. v. Branconnier et al
2003 BCSC 1019
Date: 20030616
Docket: S016526
Registry: Vancouver
courts.gov.bc.ca
Commentary by Skeptic6171 on Stacpack.com:
It looks to me that the defendants' solictors lost this round. It reads as though they mucked up fairly badly, attempting to prevent disclosure of any and all documents, rather than only those which were direct communications between them and the defendants.
Justice Groberman isn't buying it, and in effect tells their lawyer she hasn't done her job, near as I see it.
It also looks like they tried to get the Justice to review their documents and determine which are or aren't covered by privilege. And he's not buying that one either. Instead, it appears he's given them 2 weeks to come up with their own list - and a caution that any they include under the 'privileged' list had better have some pretty solid reasoning behind them for it, because so far they haven't proved a darned thing.
Then, near as I can see, it looks like he decided to order the defendants to pay costs for a day wasted. First in item [23], "The plaintiff should not be deprived of their costs on the application. They will have costs as against Campney & Murphy in respect of this application on Scale 3 in any event of the cause, payable forthwith." Then the Justice withdraws that, to give the defendants time to add to their arguments.
In the end, though, he's clearly not satisfied with their arguments, and determines that the plaintiffs have won again, i.e. he tells the defendants to pay the legal costs for the day, for having (imo) wasted the court's and the plaintiff's time with inadequate arguments. At least, that's the way I see it.
If I'm right, I reckon that must have really roiled the defendants somewhat!
Looks like Radi is winning more than he's losing. The win in Ontario, the assessing of only 10% (if rumblefaith is accurate) of the requested bond for costs, and now both a determination that the defendants need to do a better job of their homework and that the defendants need to pay for the costs of that day.
Hopefully the pattern will continue.
Ray
63.249.210.224
Commentary by Skeptic6171 on Raging Bull:
Near as I can see it, Justice Groberman told the defendants they had 2 weeks to do a better job of listing what was confidential and what was privileged, and they had better have a pretty good argument for anything they tried to portray as privileged, much better, in fact, than anything they had put forward so far.
Then, he goes on to award costs to the plaintiffs. First he awards them, then hears Ms Selby indicate she thought they would argue costs, and so hadn't put all her arguments forward. So, he withdraws the order, and hears the arguments.
Clearly he wasn't moved by the arguments, says the plaintiffs shouldn't have to bear the burden of costs for what has been (my words, not his, but I think it's what he's saying) a waste of his and the plaintiff's time.
So, he orders the defendants to pay costs for the day forthwith, which I think means "write out the cheque before you leave the courtroom, girls and boys".
The two weeks are up now, so shortly there should be more information. I look forward to it. Hopefully another win for Radi and TTRIF.
Ray
ragingbull.lycos.com
Commentary by Rumblefaith on Raging Bull:
Campney & Murphy are lawyers for rene and gang...TT says they have knowledge and documents pertinent to TT's fraud claim....Campney & Murphy are trying to claim attorney/client priviledge...the justice says..better go to another court and get a ruling to try and not surrender docs...because as I (justice Groberman) read the law you have to give up the docs...the other part has to do with putting court cost aside for the defendants...justice says TT should provide enough, but not to sink TT out of the game.....R
ragingbull.lycos.com |
