The defendants brought a motion under Rule 31.10 of the Rules of Civil Procedure seeking leave to examine two non-parties (the plaintiff's supervisor and a human resources representative) regarding the plaintiff's employment performance and termination.
The plaintiff alleged loss of income and earning capacity due to a motor vehicle accident.
The court dismissed the motion, finding that the defendants failed to satisfy the first conjunctive factor of Rule 31.10(2)(a), as they had not demonstrated that they were unable to obtain the information from the plaintiff or that the plaintiff had constructively refused to provide it.
The court noted that the plaintiff had answered questions to the best of her ability and had provided her employment file, and that the defendants had not asked her to undertake to inquire further from her former employer.
