The defendants in a motor vehicle collision action brought a third party claim against the Crown (HMQ) for negligent road maintenance.
The defendants moved to compel HMQ to provide documentary and oral discovery.
HMQ argued that the claim was barred by the WSIA and the PTHIA, and that there is no right of discovery against the Crown under the PTHIA.
The court held that s. 33(7) of the PTHIA contemplates discovery rights against the Crown and that HMQ had also voluntarily agreed to discovery.
HMQ was ordered to deliver its list of documents and attend an examination for discovery.
