On a defence production motion in a personal injury action arising from a motor vehicle accident, the court considered whether documents from the plaintiff's earlier accident litigation were relevant and producible.
The court held that medical and vocational reports, defence medical reports, an investigation report, and the plaintiff's prior discovery transcript were relevant to pre-existing impairment, causation, credibility, and damages.
Applying the deemed undertaking rule, the court found production was permitted where the prior defendant consented and where certain documents were not obtained through discovery.
Pleadings, motion materials, correspondence, actuarial and income loss materials, and the particulars of the prior settlement were held irrelevant.
