The Township of Carling brought a motion to compel the plaintiff, Gordon Arthur Mason, to answer outstanding undertakings and improperly refused questions from his examination for discovery, and to deliver a fresh, particularized affidavit of documents.
The motion arose from a property dispute where the plaintiff alleged regulatory negligence and other misconduct against the Township regarding a shore road allowance and structures on a neighbour's property.
The court dismissed the motion, finding that the Township had not established a waiver of solicitor-client privilege over the entire Petch file, nor had it proven that further relevant documents were withheld or that the plaintiff's affidavit of documents was so poorly drafted as to require re-organization.
