The plaintiffs brought a motion to compel the defendant, Toronto Hydro, to answer refusals arising from cross-examinations on affidavits filed in support of a motion to set aside an ex parte order extending the time for service of the statement of claim.
The refusals related to an inspection of damaged equipment and an engineering report.
The court found the engineering report was protected by solicitor-client privilege and privilege had not been waived.
However, the court ordered the defendant to disclose who directed the inspection and whether any notes or pictures were taken, with a potential court inspection of documents if privilege is claimed.
