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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97498
Experience:  Lawyer
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Can a Motion to Compel a defendant in a breach of trust action

Customer Question

Can a Motion to Compel a defendant in a breach of trust action to turn over to the plaintiff all documents in his or her possession in an auction case where plaintiff turned over to defendant a doll appraised by defendant at $2,500 and plaintiff received a check for $240, be served at the time the defendant is served with complaint, or after and where the plaintiff asked for such auction information prior and refused by the defendant?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
I don't know what you mean. What complaint?
Customer: replied 1 year ago.
At the time a defendant is served with plaintiff's action against him can you also serve him with a motion to produce or motion to compel him or her to produce all documentation pertaining to the auction. The individual has refused to supply me with any documentation regarding the auction of my property which was sold for approximately 1/10 of what the defendant appraised it for and will give no explanation.
Expert:  Legal Ease replied 1 year ago.
You meant the claim. Yes you can serve the claim and the motion materials at the same time. They have to produce this as part of the discovery process shortly after they put in their defence but if you need this now then you can bring the motion at once and prove you've demanded this already.