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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
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: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I don't know what you mean. What complaint?
Customer: replied 2 years 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:  Debra replied 2 years 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.

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