The Plaintiff sought damages for injuries resulting from an MVA involving an unidentified driver. The Defendant insurer alleged in its Statement of Defence that the Plaintiff was responsible for the action due to his cell phone use and sought production of the Plaintiff’s cell phone records for the 30 minutes prior to the MVA. The court ordered the Plaintiff to produce the cell phone records on the basis that it was a reasonable and proportionate request and was relevant to the issues in dispute.
