Heald,
J:—Rule
447(2)
required
the
respondent
to
file
and
serve
on
the
appellant
a
list
of
documents
specified
therein
within
20
days
after
the
pleadings
in
the
action
were
deemed
to
be
closed.
It
is
common
ground
that
this
was
not
done
on
a
timely
basis
and
that,
in
fact,
the
respondent
has
not
complied
with
the
provisions
of
Rule
447(2)
as
of
this
date.
It
is
also
common
ground
that
pursuant
to
Rule
447(3),
the
respondent
requires
leave
to
file
the
Rule
447(2)
list
of
documents
after
the
time
specified
therein
and
that
no
such
leave
has
either
been
applied
for
or
obtained
as
of
this
date.
Thus,
pursuant
to
Rule
465(3),
the
respondent
was
not
entitled
to
examine
the
appellant
for
discovery
when
the
matter
was
dealt
with
by
the
Learned
Motions
Judge
and
he
was,
in
our
view,
in
error
when
he
ordered
discovery
as
a
condition
precedent
to
the
processing
of
a
joint
application
for
a
trial
date.
Accordingly,
the
appeal
should
be
allowed,
the
decision
of
the
Trial
Division
set
aside
and
the
matter
of
the
appellant’s
application
for
an
order
fixing
a
time
and
place
for
the
hearing
of
this
action
is
referred
back
to
the
Trial
Division
for
reconsideration
and
redetermination
on
a
date
and
at
a
place
to
be
fixed
by
the
Associate
Chief
Justice
and
upon
notice
to
both
parties.
Costs
of
the
appeal
to
be
costs
in
the
cause.
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