The municipal defendant brought a motion seeking several forms of relief including orders compelling compliance with a prior disclosure order, production of medical and tax records, responses to undertakings and refusals, and leave to amend its defence to plead a notice limitation under the Libel and Slander Act.
The court granted leave to bring the motion and resolved most disclosure disputes through undertakings or by deeming earlier orders satisfied.
The request for production of medical records was refused because the parties had previously agreed that such disclosure would not be required after the plaintiff withdrew health-related damages claims.
However, the court granted leave to amend the defence to plead the statutory notice limitation, finding no compensable prejudice to the plaintiff despite the late stage of the litigation.
