The plaintiff sustained injuries as a result of an incident on a Toronto bike path and commenced an action for damages against the City of Toronto and Toronto Region and Conservation Authority. The plaintiff brought a motion to compel answers to certain refusals given at the defendants’ examinations for discovery. Master Robinson held that post-incident remedial measures can be considered in determining whether an occupier met its standard of care, and ordered production of relevant documentation. Master Robinson further held that questions regarding a party’s legal position are proper on discovery, and ordered that the defendant answer the refused legal questions.
