The defendant, His Majesty the King in Right of Ontario, moved for an order requiring the plaintiff’s accident benefits insurer to produce a file relating to a 2011 motor vehicle accident, arguing its relevance to a 2017 accident at issue in the present action.
The court found the moving party failed to establish either the relevance of the documents or that it would be unfair to proceed to trial without them, and dismissed the motion.
The court also awarded costs to the plaintiff.
