The defendant, Aviva Insurance Company of Canada, brought a motion to compel the plaintiff to answer undertakings and questions refused during an examination for discovery.
The plaintiff claimed $700,000 in pecuniary damages.
The Master found that the plaintiff had not made best efforts to answer several undertakings, including providing OHIP summaries and motel receipts.
The Master also ordered the plaintiff to answer the refusals, finding them relevant to the economic loss claim and not offending the principle of proportionality.
The motion was granted, and the plaintiff was ordered to pay $1,500 in costs.