The defendant County brought a motion for further discovery and production of documents in an action arising from a 2009 motor vehicle accident that was not commenced until 2017.
The County sought evidence relevant to a limitation period defence, specifically regarding the plaintiff's capacity and whether a litigation guardian had been appointed earlier.
The court found the plaintiff's affidavit of documents was sufficient and privilege had not been waived.
The court ordered the plaintiff to answer certain refused questions relating to employment records and police calls, but upheld refusals based on solicitor-client privilege and relevance.
The defendant was granted two additional hours of discovery.
