Heather Mason

The defendant County brought a motion for further discovery and production of documents in an action arising from a 2009 motor vehicle accident that was not commenced until 2017.

The County sought evidence relevant to a limitation period defence, specifically regarding the plaintiff's capacity and whether a litigation guardian had been appointed earlier.

The court found the plaintiff's affidavit of documents was sufficient and privilege had not been waived.

The court ordered the plaintiff to answer certain refused questions relating to employment records and police calls, but upheld refusals based on solicitor-client privilege and relevance.

The defendant was granted two additional hours of discovery.

This endorsement addresses two motions in a personal injury action arising from a 2009 motor vehicle accident.

The plaintiffs, who commenced their action eight years post-accident, claim damages against the County of Renfrew for alleged road maintenance failures.

The County brought an omnibus motion, including for summary judgment against municipal employees and for documentary production related to the plaintiffs' limitation defence.

The plaintiffs brought a cross-motion regarding undertakings and refusals.

The court granted summary judgment against the municipal employees on consent, lifted the deemed undertaking rule for previous litigation files, and ordered production of those files subject to privilege.

The court also provided guidance on the form of affidavits of documents and ordered answers to some discovery questions while denying others.