Master Jolley

The plaintiff brought a motion for a discovery plan and directions on the scope of documentary discovery in an action regarding unpaid employment bonuses.

The plaintiff sought extensive production of documents and correspondence to support his claim that his bonus should be based on revenue generated by his entire team, rather than just his direct sales.

The court found that while the defendant's approach to relevance was too narrow, many of the plaintiff's requests were overly broad and disproportionate.

The court ordered the defendant to produce specific, targeted data regarding team-generated revenue and limited correspondence, while dismissing the broader requests.

Success was divided, and no costs were awarded.

The defendant brought a motion to compel the plaintiff to attend independent medical examinations (IMEs) without conditions and sought costs thrown away for a previously cancelled appointment.

The plaintiff requested to have a support person present and to audio record the examination, citing stress and allegations of bias against the examining doctor.

The court permitted the plaintiff to have a support person present as a passive observer due to her mental condition, but denied the request to audio record the examination, finding insufficient evidence of bias.

The court also declined to award costs thrown away, finding the defendant booked the appointment prematurely before terms were agreed upon, and held that the plaintiff was not required to sign consent forms for the IMEs.