Davis v. TTC, 2018 ONSC 7527

The defendant served its sworn affidavit of documents on the plaintiff and sought her attendance at an examination for discovery. The plaintiff refused to attend at an examination until the defendant provided particulars of the surveillance listed in Schedule B of its affidavit of documents. Master Graham held that the defendant was not required to disclose particulars of surveillance until the examination for discovery of its representative. The party that first serves a notice of examination in compliance with Rule 31.04 has the right to first examination. Because the defendant properly disclosed the surveillance in its affidavit of documents and was the first to serve a notice of examination, there was no basis upon which to order disclosure of surveillance particulars.