The Court dismissed the defendants' application for further discovery, holding that none of the five categories of documents sought were connected to issues raised in the pleaded defences. The Court confirmed that the sufficiency of discovery is not to be determined on the basis of a contentious affidavit, but rather from the pleadings, the affidavit of documents, or admissions of the existence of discoverable documents. The Court indicated that the appropriate next step was for the defendants to consider whether to apply to amend their defences and counterclaims to raise the issues (such as overcharging and inadequate supervision) that underpinned their discovery requests.
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