The defendant brought a motion to compel the plaintiff to answer undertakings and a refusal from his examination for discovery in a motor vehicle accident claim.
The parties resolved the undertakings at the hearing.
The remaining issue was the plaintiff's refusal to produce his cellular phone call log for the 30 minutes prior to the accident.
The court ordered the production of the call log, finding it relevant to the defendant's pleaded allegation that the plaintiff was negligent by using his phone at the time of the collision, despite the plaintiff's denial under oath.
