S. Rastin

The plaintiff in the Severance action moved for an order extending the time to set two related motor vehicle accident cases down for trial until December 31, 2024.

All parties consented except the Ministry of Transportation and Carillion Canada.

The court found that the opposing defendants would not be prejudiced by the extension, whereas the plaintiffs and other defendants would suffer prejudice if forced to set the actions down while a leave to appeal decision regarding discovery refusals was pending.

The motion to extend the time was granted.

The Severance Plaintiffs brought a motion, supported by the O’Brien Plaintiffs and other defendants, to compel the Ministry of Transportation (HMK) to answer refusals and reattend examination for discovery in a highway negligence action.

HMK resisted, arguing it was not compellable for discovery under the Public Transportation and Highway Improvement Act (PTHIA) and that the questions were improper.

The court, following the precedent set by Longo v. The Queen and Stegenga v. Jans, found that HMK is not compellable for discovery in claims brought under the PTHIA, as the Act does not expressly provide for such rights.

The court also rejected the argument that HMK had attorned to the court's jurisdiction by voluntarily participating in discovery, noting that voluntary participation does not create a right to compel reattendance if no statutory right exists.

Consequently, the motion was dismissed.