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ARTICLE · 03 APRIL 2023

Developer Required To Answer Discovery Questions About Misleading Other Buyers

Gardiner Roberts LLP
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During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who are not involved in the lawsuit.

CanadaMedia, Telecoms, IT, Entertainment
James R.G. Cook
James R.G. Cook
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During the course of litigation, plaintiffs may seek evidence that a defendant has engaged in a similar pattern of impugned conduct with other people who are not involved in the lawsuit. In the case of a disgruntled buyer of a home in a development, the buyer may want to know whether there have been similar complaints and how those complaints were resolved. Defendants may understandably wish to refuse to provide such evidence since the other complaints are not involved in the lawsuit.

In Wijeyathungam v. Forest Hill Homes (Cornell Rouge) Ltd., 2023 ONSC 1797 (CanLII), the defendant builder was ordered to answer discovery questions about other buyers who shared the plaintiff's complaint about a home that she had agreed to purchase.

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