What is the difference between a motion judge's finding that a plaintiff has been denied early discovery and a defendant has been granted early discovery?

Ontario, Canada


The following excerpt is from Dobbie v. Arctic Glacier Income Fund, 2012 ONSC 773 (CanLII):

In my view, these paragraphs do not put into question the correctness of the decision of the motion judge nor do they reflect a conflict with other decisions. I agree with the comment of Corbett J. in Imax at footnote ten: The defendants argue that Ainslie v. CV Technologies Inc. per Lax J. is a "conflicting decision". It is not. Lax J. found that the leave provision is for the benefit of defendants, not plaintiffs, and does not permit early discovery. van Rensburg J. does not hold otherwise. Her Honour does not find that the leave provision benefits plaintiffs, or ought to be construed to benefit plaintiffs. Rather, Her Honour finds that the leave provision, which benefits defendants, ought to be construed to permit apparently meritorious claims to proceed. Lax J. does not hold otherwise. (Citations omitted)

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