Can a defendant oppose a modification of the implied undertaking?
British Columbia, Canada
The following excerpt is from Hauerbuilt Construction Ltd. v Legendary Developments Ltd., 2021 BCSC 775 (CanLII):
In circumstances where a defendant has failed to produce relevant documents pursuant to their obligation under the Rules, a defendant should not be permitted to oppose a modification of the implied undertaking: Manning v. Dhalla, 2019 BCSC 1067 at paras. 23–24.
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