Documents requested relevant to issue of damages

Ontario civil | Civil Procedure

DISCOVERY

Documents requested relevant to issue of damages

Plaintiff brought motion for order requiring Ministry of Attorney General to produce Crown’s brief and investigation file with respect to charges against defendant relating to motor vehicle accident that resulted in death of plaintiff’s father for which defendant was charged and convicted. Defendant admitted liability for accident, but denied causing damage to plaintiff. Motion granted. Documents requested were relevant to issue of damages and it would be unfair to require plaintiff to proceed to trial without them. It was reasonable to assume that Crown file would contain statements from several witnesses to accident and police investigation notes. There was little or no prejudice to defendant by allowing plaintiff to receive and review Crown file. Objection regarding relevance or admissibility could be brought before trial judge. Taking into account that Crown consented and potential relevance of information sought, on balance, it was fair and reasonable to order production of Crown file.
Vachon v. Titley (Aug. 20, 2013, Ont. S.C.J., Patrick Smith J., File No. 12-53361) 231 A.C.W.S. (3d) 921.

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