Does rule 77.14(2) apply to this action?
Ontario, Canada
The following excerpt is from Suchan v. Casella, 2006 CanLII 20844 (ON SC):
In my view, rule 77.14(2) applies to this action. As indicated earlier in these reasons the defendants have not satisfied the "heavy onus" on them as outlined in Stevens v. Robson to provide a "fair and reasonable excuse for the non- compliance" with rule 77.14(2) by not completing all examinations for discovery prior to the settlement conference.
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