The plaintiff brought two motions: (1) to add LEA Consulting Ltd. as a defendant, which proceeded with consent; and (2) to compel the defendant, His Majesty the King in Right of Ontario, represented by the Minister of Transportation, to answer undertakings and re-attend for continuation of oral examination for discovery at their own expense.
The defendant failed to disclose the involvement of LEA Consulting Ltd., an onsite contract administrator, and relevant documents prior to discovery.
The court found that this failure undermined the purpose and utility of the discovery and granted the motion to compel re-attendance at the defendant's expense.
The court awarded costs to the plaintiff in the amount of $4,243.15.
