The Court largely refused the Owners Corporation's motion for further particulars and discovery, holding that the OC had already filed a detailed List Response and evidence demonstrating it understood the case to be met, and that seeking particulars two years into proceedings after briefing new counsel was not appropriate. The Court refused discovery from the cross-defendant TOP, finding no exceptional circumstances under Practice Note SC Eq 11 where the OC had not attempted to obtain documents from other sources, the relevance of the documents was not established, the categories were overly broad, and a lien dispute over the documents remained unresolved. A forthwith costs order was made against the OC in favour of TOP on the basis that the motion was discrete, misconceived, and the final hearing was some time away.
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