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Motion to compel discovery answers granted; defendant failed to establish litigation privilege over explosion investigations.
The plaintiffs brought a motion to compel the defendant, Toronto Hydro, to answer questions refused at discovery and to produce documents regarding its investigations into a transformer explosion.
Toronto Hydro claimed litigation privilege over the investigations, arguing they were conducted in anticipation of litigation.
The Master granted the motion, finding that Toronto Hydro failed to establish that the information came from experts or that the dominant purpose of the investigations was litigation.
Furthermore, Toronto Hydro failed to provide the required undertaking under Rule 31.06(3) not to call the experts at trial, thereby mandating disclosure of their findings and opinions.
