Cormack-Terrelonge v. Fahmy Estate, 2018 ONSC 3925

The Plaintiff was unable to advise whether her injuries from previous accidents had resolved by the time of the subject MVA. Justice Sosna held that prodution of the discovery transcripts from the Plaintiff’s earlier MVA actions was necessary to assess the extent to which the Plaintiff’s current complaints overlapped with her injury complaints prior to the subject accident.

Tomson et al v. Jackson et al, 2018 ONSC 2155

The Defendants in a motor vehicle accident action sought production of the examination for discovery transcript from the Plaintiff’s action against her LTD provider. The injuries relating to her LTD claim arose from the same motor vehicle accident. Master Fortier held that the transcript was relevant and ordered that it be produced at the Defendants’ cost. However, the use of the transcript was limited to impeachment of the Plaintiff’s testimony in the MVA action.