T. Yang

The defendant Coseco Insurance Company brought a motion under Rule 30.06(b) for an order requiring the co-defendant Sofia Constantinidis to serve a further and better affidavit of documents.

Coseco sought production of complete underwriting and broker files for all vehicles and family members insured by Economical Mutual Insurance Company, relevant to the issue of whether the driver had consent to operate the vehicle involved in the accident.

The Master partially granted the motion, ordering production of the underwriting and broker files specifically relating to the vehicle involved in the accident up to the date of the notice letter, but denied production for other vehicles and non-parties.

The defendant insurer moved for an order that three related actions arising from a hotel parking garage collapse be tried together and transferred from Toronto to Kingston.

The actions included an insurance coverage claim and two negligence actions against contractors and engineers.

Applying Rule 6.01 of the Rules of Civil Procedure and the factors articulated in prior jurisprudence, the court held that the actions shared common issues of causation and overlapping damages evidence, such that trial together would avoid duplication of witnesses and inconsistent findings.

Although the insurance action was procedurally more advanced and delay in bringing the motion was noted, the efficiencies of a single trial outweighed the prejudice alleged by the plaintiff.

The court also found that Kingston was a significantly more appropriate venue under Rule 13.1.02 because the events, damages, subject property, and most parties were connected to Kingston.