UNDERTAKINGS
0
)
Outstanding undertakings given during the examination of Waryam M. Chaudhry on August 17-18, 2021.
Ques
t.
Page
No.
Undertaking
Answer or precise reason for
not doing so
Moving Party/Plaintiff’s
Position
Defendants Response to
the Plaintiff’s position
Disposition by the Court
No.
The Defendant did his best
efforts to attempt to identify the
technician who told him that he
does not need to keep records of
the fuel in his tank but since it
that occurred in 2010, he does
not have records of the person or
the conversation. However, there
is no need because all records of
fuel have already provided to
plaintiff.
This undertaking remains
outstanding. Whether there is
a “need” for the plaintiff to
have this information is of no
moment, since there was an
undertaking given to provide
it. The defendants must
detail what efforts that have
made to find the name of the
technician.
534
134-1 To make best efforts to He does not remember the Unanswered.
9.
35
identify and provide contact technician’s name since this
information for the occurred in 2010. He told us
technician that told him that whenever we are low on gas, we
he doesn’t need to keep can check the screen and order.
records of fuel in his No need to keep inventory.
reserve pump because the
What efforts, if any, were made
to answer this undertaking?
What
company
did
the
technician work for so that we
may attempt to contact him?
sensors will automatically
alarm
The question was answered
clearly, the Plaintiff asked where
they can produce any records
showing the amount of fuel in
the reserve tank and the
Defendant clearly stated that
there is not need for records and
explained in detail the process in
which they would go about
ordering gas for the tank.
The plaintiff is not happy
with the answer provided,
which is that no records –
whether daily, weekly or
otherwise – were kept of
amounts of fuel in the tanks.
But that is the answer. Both
sides are stuck with it.
536-546 135-1 To make best efforts to When the there’s regular gas left Unanswered.
10
.
38
locate and produce any in tanks around 10,000 liters and
records showing the supreme 5,000 liters and diesel
amount of fuel in the 4,000 liters then we decide to
reserve tank before the fuel order gas.
deliveries and the amount
What efforts, if any, were made
to answer this undertaking?
For the purpose of the Motion
and
with
a
view
to
of fuel in the reserve tank
after the fuel deliveries
proportionality, the Plaintiff is
willing to limit its request to the
period Feb. 2017 through Sept.
2017. The Plaintiff reserves its
In my view, this undertaking
has been answered.
right
to
request
further
information
documentation/
during the material time (i.e.,
Jan. 2011 through Dec. 2017), as
may be necessary.
The defendant made best effort
to answer this undertaking. The
Defendant does not keep records
and cannot produce documents
that they do not have. However,
all records of purchase the diesel
has already provided.
The defendant has records
only back to 2015 for diesel
purchases. Those have been
produced. In my view, this
undertaking has been
561-562 141-1 To advise how much diesel We do not have that record.
What efforts, if any, were made
to answer this undertaking?
11
.
42
fuel in litres he purchased
between 2012 through 2015
(as referenced in Tab 14 of
C&L Traders’ Affidavit of
Documents)
Tab 14 is stated about
Parkland purchase volume for
2012 -2015
answered.