The plaintiff, Daniel Avon, brought a motion seeking answers to questions refused or taken under advisement during the examination for discovery of the defendant, NFP Canada Corp. The action involves claims of constructive dismissal by the plaintiff and a counterclaim for breach of contract by the defendant.
The Master applied the relevance test under Rule 31.06 and proportionality principles under Rule 29.2.03 of the Rules of Civil Procedure.
The Master ordered answers to questions concerning the nature of a new position offered to the plaintiff and an alleged pattern of behavior, finding them relevant and proportionate.
However, two questions seeking broad access to texts and emails were deemed overly broad and not required to be answered.
No costs were awarded, as both parties achieved partial success.
