Roberts v. Davidson et al., (1991) 52 O.A.C. 317 (DC)

• Judge: Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 07, 1991
• Jurisdiction: Ontario
• Citations: (1991), 52 O.A.C. 317 (DC)

Roberts v. Davidson (1991), 52 O.A.C. 317 (DC)

MLB headnote and full text

Geoffrey Roberts, Sharon Roberts, Kelly Roberts, and Drew Roberts, infants by their litigation guardian, Geoffrey Roberts (plaintiffs/respondents) v. John Davidson and the Mutual Trust Company (defendants/appellants)

(File Nos. 251/91 and 335171/88)

Indexed As: Roberts v. Davidson et al.

Ontario Court of Justice

Divisional Court

Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ.

October 22, 1991.

Summary:

Roberts was injured in a motor vehicle accident and sued for damages, including economic loss. The defendants applied for an order that discovery transcripts from another action by Roberts (for wrongful dismissal) be produced for discovery. The application was refused. The defendants appealed.

The Ontario Divisional Court allowed the appeal and ordered the production of the transcripts.

Practice - Topic 4592

Discovery - What documents must be produced, particular matters - Discovery transcripts in other actions - A defendant in a motor vehicle case applied for dis­covery of discovery transcripts from another action taken by the plaintiff - The Ontario Divisional Court allowed the application under Civil Procedure Rule 30.10.

Statutes Noticed:

Civil Procedure Rules (Ont.), rule 30.10 [para. 4].

Counsel:

Z. Samac, for the plaintiffs/respondents;

Steven G. Ellis, for the defen­dants/ap­pellants;

B. Franklin, for the defendant All-Way Transportation Corp., in Action SCO No. 14669/86.

This appeal was heard by Callaghan, C.J.O.C., Hartt and O'Driscoll, JJ., of the Ontario Divisional Court on October 7, 1991. The decision of the court was delivered orally by Callaghan, C.J.O.C., on October 22, 1991.