Alysia M. Christiaen

The plaintiffs brought a motion to compel representatives of the Yamaha defendants to re-attend examinations for discovery to answer questions regarding their investigation of a boating accident.

The defendants had refused the questions, asserting litigation and solicitor-client privilege.

The court found that the dominant purpose of the defendants' investigation was in anticipation of litigation, which was reasonably anticipated shortly after the accident.

The motion was dismissed, and the plaintiffs were ordered to pay costs of $7,500.

The defendants brought a motion to discontinue the plaintiff's action pursuant to Rules 23.01(1)(b) and 23.04(1) of the Rules of Civil Procedure.

The self-represented plaintiff agreed to the discontinuance, acknowledging that the case would be over.

The court granted the order on consent, noting the plaintiff's voluntary agreement and thanking counsel for their professionalism.

The defendant insurer brought a motion for an order compelling the plaintiff to undergo an independent psychiatric examination.

The plaintiff opposed the motion, arguing it was brought too late and would jeopardize the trial date.

The court dismissed the motion, finding that the insurer had possessed the plaintiff's medical records for a considerable time and had already benefited from independent examinations in the accident benefits context.

The court concluded that ordering the examination so close to trial would prejudice the plaintiff and diminish the prospect of a meaningful pre-trial.