3 total
Motion to compel unredacted police reports and strike defence dismissed.
The self-represented plaintiff brought a motion to compel the defendants to produce unredacted copies of police reports containing the names of individuals who made complaints against her.
In the alternative, she sought to strike portions of the statement of defence due to the defendants' failure to attend examinations for discovery.
The court dismissed the motion, finding that the redacted names were clearly irrelevant to the plaintiff's claims of misfeasance and that protecting the identities of complainants served a public interest.
The court also declined to strike the defence, noting the defendants had no obligation to attend discovery given the scheduling of a summary judgment motion.
The court dismissed the plaintiff's personal injury action for delay due to his persistent failure to produce documents and answer undertakings.
The plaintiff brought a motion under Rule 48.14(5) to extend the time to set an action down for trial.
The action, commenced in 2017 for injuries allegedly sustained when struck by falling concrete, had not been set down for trial by the eighth anniversary of commencement.
The court dismissed the motion and the action for delay, finding that the plaintiff failed to provide an acceptable explanation for the delay and failed to demonstrate that the defendants would not suffer non-compensable prejudice.
The primary cause of delay was the plaintiff's failure to produce relevant documents and answer outstanding undertakings.
Despite multiple accommodations from the defendants and efforts by current counsel to obtain compliance, the plaintiff failed to cooperate adequately or demonstrate an intention to pursue the action.
Corporate minutes regarding the creation of benefits plans ordered produced as 'historical benefits plan documents' under settlement agreement.
The plaintiff in a class action regarding post-retirement benefits brought a motion for the production of historical benefits plan documents, including corporate minutes and resolutions concerning the creation of the benefits plans.
The defendant brought a cross-motion to strike certain documents from the plaintiff's affidavit.
The court interpreted the Settlement Agreement between the parties and found that the requested corporate minutes and resolutions fell within the definition of 'historical benefits plan documents' as they were relevant to the objective determination of the contractual terms.
The court ordered the defendant to produce the documents and dismissed the motion to strike.
