The defendants appealed an order of the motion judge regarding the plaintiffs' failure to comply with discovery undertakings.
The Divisional Court found that the motion judge's order was vague and lacked reasons, and noted that the Rules of Civil Procedure do not allow a party to delay providing particulars until 90 days before trial.
As the plaintiffs had satisfied most undertakings after the appeal was perfected, the Court set aside the motion judge's order and directed the plaintiffs to particularize their future healthcare costs within 14 days, failing which the action could be struck from the trial list.
