The defendant brought a motion to compel the plaintiff to answer outstanding undertakings given at her examination for discovery, specifically regarding the production of business records.
The plaintiff argued the records were no longer relevant as she had abandoned her income loss claim and cited financial hardship.
The court granted the motion, holding that undertakings must be honoured once given pursuant to Rule 31.07(4), and that the business records remained relevant to determining whether the plaintiff met the threshold for serious permanent impairment.
