The moving parties, defendants in a motor vehicle collision action, brought a motion to compel the Crown to provide further documentary discovery and produce a representative for oral discovery.
The action against the Crown was brought under the Public Transportation and Highway Improvement Act (PTHIA).
The court considered conflicting jurisprudence on whether the Crown can be compelled to give discovery under the PTHIA.
Applying the doctrine of stare decisis, the court followed the Court of Appeal's decision in Longo, holding that the Crown cannot be compelled to submit to documentary or oral discovery in such claims.
The motion was dismissed.
