S.L.M. v. United Church of Canada, (1998) 83 O.T.C. 77 (GDM)
Court | Ontario Court of Justice General Division (Canada) |
Case Date | September 15, 1998 |
Jurisdiction | Ontario |
Citations | (1998), 83 O.T.C. 77 (GDM) |
S.L.M. v. United Church (1998), 83 O.T.C. 77 (GDM)
MLB headnote and full text
Temp. Cite: [1998] O.T.C. TBEd. NO.160
S.L.M. (plaintiff) v. The United Church of Canada (defendant)
(No. 96-CU-116022)
Indexed As: S.L.M. v. United Church of Canada
Ontario Court of Justice
General Division
Donkin, Master
October 6, 1998.
Summary:
The plaintiff sued the United Church of Canada alleging that she was sexually assaulted by a Minister when she was a teenager. That Minister was convicted of sexual intercourse with a female person under s. 141 of the Criminal Code. During the criminal proceedings, the assistant Crown attorney came into possession of four documents, namely statements and a "mind map" made by the plaintiff. The plaintiff requested that one of defendant's officers attend for discovery. The defendant refused, arguing that the plaintiff had not produced all the documents she had in her possession including the documents held by the assistant Crown attorney. The plaintiff moved for an order requiring the defendant to produce one of its officers for discovery. The defendant cross-moved for production of the four documents held by the assistant Crown attorney, alleging that the plaintiff was entitled to obtain them.
A Master of the Ontario Court (General Division) dismissed the plaintiff's motion. On the cross-motion, the Master ordered that the plaintiff make the best efforts to obtain the four documents by making a request incorporating the consent of the plaintiff. The Master held that the production of the documents should be completed before the examination of the officer commenced.
Practice - Topic 4198
Discovery - Examination - General - Requirement that documents be produced - See paragraphs 1 to 17.
Practice - Topic 4551
Discovery - Production and inspection of documents - General - Circumstances when available - See paragraphs 1 to 17.
Practice - Topic 4572
Discovery - What documents must be produced - Documents in possession or power of a party - See paragraphs 1 to 17.
Cases Noticed:
W.(T.) v. W.(K.R.J.) (1994), 26 C.P.C.(3d) 45 (Ont. Gen. Div.), consd. [para. 9].
Morgan Guaranty Trust v. Outerbridge (1986), 8 C.P.C.(2d) 257 (Ont. Master), refd to. [para. 13].
National Trust Co. v. Kichuk (1996), 6 C.P.C.(4th) 195 (Ont. Gen. Div.), consd. [para. 14].
Statutes Noticed:
Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F-31, sect. 10, sect. 21(1) [para. 5].
Rules of Civil Procedure (Ont.), rule 30.01(1)(b) [para. 3].
Counsel:
J.R. Streisfield, for the plaintiff;
C.E. Walker, for the defendant.
This motion and cross-motion were heard on September 15, 1998, by Donkin, Master, of the Ontario Court (General Division), who released the following decision on October 6, 1998.
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