The plaintiffs brought a motion to compel the defendants, the City of Hamilton and the Hamilton Region Conservation Authority, to answer questions refused during examinations for discovery.
The underlying action involves a minor plaintiff who sustained catastrophic injuries after falling from a trail at Albion Falls Park.
The court reviewed the refused questions, applying the test for relevance under Rule 31.06 of the Rules of Civil Procedure.
The court ordered the defendants to answer several questions related to prior safety concerns, incident reports, and the identities of individuals with knowledge, while upholding refusals for irrelevant questions.
Success was divided, and costs were awarded to the plaintiffs.