CIVIL EVIDENCE - Affidavits - Cross-examination on

Law360 Canada ( August 30, 2018, 8:19 AM EDT) -- Application by the defendant for the defendant-by-counterclaim Rath to provide a further affidavit of records and for Rath and the plaintiff Blough to answer questions and produce undertakings refused on cross-examination on their affidavits. Blough had commenced an action challenging the validity of the parties’ exclusive song writing agreement. Rath was his initial counsel in the dispute and was an executive producer on three of Blough’s albums. Blough and Rath were directors of Willing Entertainment. The defendant had counterclaimed against Blough, Rath and Willing Entertainment for declarative relief relating to certain songs, for the payment of royalties, and damages. Rath swore an affidavit of records that asserted solicitor-client privilege over all records in his possession. Blough and Rath refused most undertakings on the basis of solicitor-client privilege. Their affidavits had been filed in support of their application to strike the counterclaim....
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