The plaintiff commenced three actions in relation to personal injuries arising from a motor vehicle accident: (1) a tort action against the at fault driver; (2) an action against Allstate under the OPCF44; and (3) an action against his former solicitor based on the AB settlement (claiming it was too low). The defendants in all three actions sought orders joining the matters to be heard together. Master Fortier granted the defendants motion and ordered all three actions to be heard together or one after the other (at the trial judges discretion). She ordered that the undertakings and examination for discovery transcripts in the solicitor negligence action were not producible to the defendants in the tort and OPCF44 action, however the undertakings and examination for discovery transcripts in the tort and OPCF44 actions could take place together and could be disclosed to the solicitor negligence action parties. Mediation was ordered to be global, but with appropriate structures to avoid transmission of the solicitor negligence action information to the other two defendants.
