William Harding

The plaintiffs brought a motion for production of documents from Aviva Insurance Company, the statutory third-party insurer of one of the defendants, and sought answers to refused discovery questions.

The core issue was the disclosure of records related to Aviva's investigation of a motor vehicle accident and its off-coverage position based on alleged policy violations.

The court reviewed the documents in camera, considering claims of litigation and solicitor-client privilege.

The motion was granted, ordering the production of documents as detailed in an attached schedule, and granting leave for further discovery on the disclosed information and material facts from privileged documents.

Appeal of summary judgment dismissal in a negligence action arising from a fatal motor vehicle accident.

The plaintiff's estate and family sued social hosts for damages, alleging the hosts owed a duty of care when the intoxicated guest drove home and subsequently drove his children and their babysitter, resulting in a fatal collision.

The motion judge dismissed the claims, finding no duty of care existed and alternatively that any duty ended when the guest arrived home safely.

The Court of Appeal allowed the appeal, finding genuine issues of fact regarding foreseeability and proximity that required trial, and rejecting the proposition that a social host's duty of care automatically expires upon an intoxicated guest's safe arrival home.