In a notice of civil claim action, does a defendant have to disclose customer data in order to be successful?
British Columbia, Canada
The following excerpt is from PowerBlock Holdings, Inc. v Fitness Town Inc., 2022 BCSC 456 (CanLII):
During oral submissions, counsel for the defendants reviewed the elements involved in the various causes of action in the notice of civil claim and argued they did not require the kind of evidence that would make disclosure of customer information necessary. They did not include this particular argument in their application response or otherwise give the plaintiffs prior notice of it. This should have been set out in their application response. See Dupre v. Patterson, 2013 BCSC 1561 at para. 47 et seq.
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