The defendants brought a motion seeking answers to two refusals made by the plaintiff during an examination for discovery in a motor vehicle accident action.
The plaintiff had refused to produce her Children’s Aid Society file and cellphone records on the date of the accident, arguing irrelevance and privacy concerns.
The court held that the plaintiff’s alleged pre‑accident depression was relevant to her claim for psychological damages and ordered production of the CAS file with information relating to her son redacted.
The court also ordered production of cellphone records during the relevant time window as they could assist in determining the duration of a call and the causation of the collision.
Costs were awarded to the defendants.
