The plaintiff insured brought a motion for leave to amend its statement of claim, for a further and better affidavit of documents, and to compel answers to undertakings, over seven years after setting the action down for trial.
The defendant insurer brought a cross-motion to compel answers to undertakings.
The court denied the plaintiff leave to amend the statement of claim, finding the proposed amendments would radically change the nature of the claim and cause non-compensable prejudice to the defendant.
The court also dismissed the motions to compel answers to undertakings, finding both parties had waived or satisfied their rights.
The court ordered the defendant to produce two witness statements but found the remaining requested documents were protected by litigation privilege.
