The defendant brought a motion seeking production of outstanding undertakings from discovery, including employment, insurance, and medical records, production of photographs and Facebook content, and an order requiring the plaintiff to undergo a bone scan as part of an independent medical examination.
The court held that a party who undertakes to obtain records from non-parties must take reasonable follow‑up steps where appropriate.
The court ordered the plaintiff to follow up with certain third parties and to serve a supplementary affidavit of documents disclosing relevant photographs depicting her activities before and after the accident.
However, the request for full access to the plaintiff’s Facebook profile was denied due to lack of evidence that relevant documents had been omitted.
The court further ordered the plaintiff to undergo the bone scan recommended by the defence medical examiner, finding it necessary for trial fairness.