Providing corporate and commercial litigation services in Calgary and throughout Canada
Justice Richard Neufeld of the Court of King’s Bench has ruled in favour of an application by Richard Billington, K.C. of Billington Barristers and co-counsel, Lori Brienza of Mathews Dinsdale Clark LLP, finding that the opposing side had failed to adequately and disclose records that are or were in their control and that are relevant to the action. The application, brought after the court had granted Billington and Brienza’s client an Anton Piller Order to search for and seize evidence, was “a very unusual situation in terms of document production”. The action involves allegations of conspiracy and breach of fiduciary duty, which have not yet been ruled on by the court. The court also awarded that the Defendants must pay costs to Billington and Brienza’s client. The decision is found at https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb83/2024abkb83.html?resultIndex=3&resultId=302dd48bc8c44bfab02a51ce4c28ede0&searchId=2024-08-01T12:58:53:020/2b6f3a09df684759a5ae4632ad14448a&searchUrlHash=AAAAAQAKQmlsbGluZ3RvbgAAAAAB