The defendant in a medical malpractice action brought a motion to compel the plaintiffs to re-attend examinations for discovery to answer questions they previously refused.
The questions related to when the deceased and the plaintiffs first retained counsel and requested medical records, which the defendant argued was relevant to their limitation period defence.
The court granted the motion, finding that facts regarding the date a cause of action arises and when counsel was retained are relevant to discoverability and are not protected by solicitor-client privilege.
The plaintiffs were ordered to re-attend at their own expense.
