The defendants brought a motion to compel the plaintiff to answer questions refused at discovery and to produce the legal file of his former lawyers.
The action was commenced more than two years after the motor vehicle accident, raising a limitation period defence.
The defendants argued the plaintiff waived privilege over the file by referencing his former lawyers' advice in a letter to his insurer, and that the file was relevant to the discoverability of his claim.
The court found that while the entire file need not be produced, the plaintiff must disclose information from the file regarding advice on obtaining medical opinions and steps taken to manage the file, as this was relevant to testing his due diligence.
