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Motion for particulars denied as sufficient detail provided; paragraph pleading insurance coverage struck as irrelevant.
The defendant architect brought a motion for particulars of the plaintiffs' fresh as amended statement of claim regarding alleged design errors and cost overruns on a hotel redevelopment project.
The defendant also sought to strike a paragraph pleading the purchase of professional liability insurance.
The court dismissed the motion for particulars, finding the plaintiffs had provided sufficient detail in their response to enable the defendant to plead, and that further detail was a matter for discovery.
The court granted the motion to strike the insurance paragraph, finding it scandalous and irrelevant to the dispute.
Insurer's motion to compel production of cell tower and banking records dismissed as abusive fishing expedition.
The applicant insurer brought a motion to compel the respondent insured to attend an examination under oath and produce cell tower and banking records following a vehicle theft claim.
The insurer suspected the insured misrepresented her residential address.
During the hearing, the insured agreed to attend the examination, so the court adjourned that request sine die.
The court dismissed the request for documentary production, finding the insurer's demands for months of location and financial data to be abusive, a fishing expedition, and an unwarranted invasion of privacy.
Costs were awarded to the respondent.
