Hi, I served a document with 18 questions on the proper form pursuant to the rules which require a response within 21 days. As of today the councelor is 238 days late. I tried to contact him and anyone who was looking after the case. No response until yesterday out of the blue another lawyer pops up in my email wanting to set a pretrial date. I told him he was 238 days late and I was heading for court to obtain a ruling dismissing his case. he told me, "good luck", I doubt you will get that. What would a reasonable judge say? The rules state I can. I could see the judge saying no if it was a few days or maybe even a week. But 238 days over due? If the rules do not apply to that what do they apply to?
I was mentioning the first lawyer in my interrogatories and the current council for the plaintiff said his client did not have to answer those citing solicitor client privilage. I said I think your client has long since waived any solicitor client privilege after answering oral questions involving B*** Joh**on. No one has taken issue with my depostions where I cited the lawyers name on several occasions and the lawyer was right there and never claimed solicitor client privilage. So where does one go from here? Set a date for a hearing to dismiss, conflict of interest or sanctions? or all three?

Would you please provide an update on your situation?

Thanks!

I tried to post a response but was flagged as spam??

Ok, Plaintiff & RM council call lawyer to begin lawsuit because defendant blows whistle on Reeve & administrator for illegal trenching in river. Defendant discovers the administrator contacted the legal council before the meeting took place authorizing a demand letter be sent to the defendant. Defendant discovers it is a violation of Charter rights for any government to sue whistle blowers. Defendant complies with demand letter and removes material from FaceBook. Approx. one year later it happened again with the same results except the defendant refused to remove material from FB. At the same time local elections take place and the administrator along with the councillor (husband) lose their positions. Defendant comments on this and former administrator sues defendant & others claiming new FB posts cost her loss of money and reputation. Administrator and husband use the same legal team as RM used to sue the defendant. After 238 days of silence and non-compliance with rules regarding failing to respond to interrogatories, plaintiffs lawyer agrees to respond right away. I accused the lawyer of being involved in a conflict of interest via email exchange. That was 135 days ago. Yesterday I recieve an affidavit wherein the plaintiff answered the questions. Only 3 of 18 questions are answered claiming solicitor/client privilege on the remainder. I think its time to schedule a hearing with a motion to strike for non- compliance with the rules x 2 and sanction the lawyer for knowingly being in a conflict of interest which could result in harming the RM of their other client.

I think the plaintiff made a procedural mistake by conducting depositions after first exchanging documents. Plaintiffs lawyer wanted to know how I obtained certified true copys of his invoice to the RM for services involving the defendant. I simply said the invoices are public record. Plaintiff wanted to wrap up discovery with only exchange of documents & depositions and head to pre-trial. I refused and stated I wanted to continue with interrogitories. That is when the refusal to respond for 238 days began.

Sorry for taking so long to reply, I just saw your comment.

Why have you not filed a motion to compel discovery and set the motion for hearing?