The defendants brought a motion to compel the minor plaintiff to attend for examination for discovery in an action arising from injuries sustained by her mother during a school-organized skating trip.
The minor plaintiff advanced a derivative claim under the Family Law Act for loss of care, guidance and companionship.
The court considered the Rules of Civil Procedure governing discovery of parties under disability and the requirement for a discovery plan.
The litigation guardian had already been examined for discovery and sufficient evidence had been obtained to quantify the minor’s Family Law Act claim.
The court held that requiring the child’s examination was unnecessary and exercised its discretion to dismiss the motion, subject to a condition that the minor not be called as a witness at trial unless the defence is permitted to examine her for discovery.
