The plaintiffs, victims of a serious motor vehicle accident, brought a motion to compel their former lawyers (the defendants) to produce all internal memos, notes, and emails from their files related to the plaintiffs' matters.
The defendants argued these documents were not client property.
The court granted the motion, distinguishing previous case law on file ownership in the context of a professional negligence action.
The Master emphasized that in a negligence claim against former counsel, the ownership of documents is largely irrelevant, and all non-privileged, relevant documents are producible.
The decision was guided by the principles of proportionality and timely access to justice, particularly in light of a pending summary judgment motion.
