What is the test for setting a deadline for responding to refused questions on discovery?
Ontario, Canada
The following excerpt is from Environmental v. Huron, 2017 ONSC 7697 (CanLII):
The plaintiff relies upon the decision of Gorman J. in the case of Kohlsmith v. Sterling Mutuals Inc., 2014 ONSC 4696. In that case, an order was made by Leitch J. setting a deadline for answers to refused questions on discovery and for service of a sworn affidavit of documents. In addition, a timetable was set by Rady J. at a status hearing for the completion of examinations for discovery and compliance with undertakings. The defendants did not comply with the orders. Their statement of defence was struck.
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