M. Renwick

In a personal injury action arising from a motor vehicle accident, the defendant moved to compel a proper affidavit of documents and further production from the plaintiff.

Applying the principle that relevance is determined by the pleadings, the court held that the requested medical, employment, tax, benefits, and property damage records were relevant to the pleaded physical and psychological damages and that the plaintiff had breached his production obligations through piecemeal and inadequate disclosure.

The court ordered the plaintiff to serve an affidavit of documents, including Schedule C, within 20 days, with modified wording limiting production to documents within the plaintiff’s possession, control, or power.

Partial indemnity costs of $4,607.69 were awarded to the defendant.

The plaintiff brought a motion to strike the defendants' jury notice in a motor vehicle collision action scheduled for trial in February 2022.

Due to the ongoing COVID-19 pandemic, the Omicron variant, and the suspension of civil jury trials in London, the court found that waiting for a jury trial would cause unacceptable delay and prejudice.

Applying the principles from Louis v. Poitras, the court provisionally struck the jury notice and ordered the matter to proceed as a judge-alone trial.