Endale v Parker, 2022 ONSC 2008
“The Plaintiff refused to satisfy his undertakings unless the insurer paid the costs associated with obtaining medical documents. Our office successfully brought a motion compelling the Plaintiff to satisfy his undertakings at his own expense.”
Background
This matter arose in the context of personal injury litigation where the plaintiff sought to leverage the undertakings process to extract payment from the insurer. Rather than fulfilling his discovery undertakings in the ordinary course, the plaintiff took the position that the insurer should bear the costs of obtaining medical documentation — costs that are ordinarily the plaintiff’s own responsibility.
This tactic, if successful, would have created an improper precedent and imposed unwarranted costs on the defence. Dyer Brown brought a motion to compel the plaintiff to satisfy his undertakings without precondition.
The Motion & Result
Justice Valente granted the motion, compelling the plaintiff to satisfy his undertakings at his own expense. The court rejected the plaintiff’s attempt to impose documentation costs on the insurer as a condition of compliance.
This result protected the insurer client from an improper cost-shifting strategy and reaffirmed that plaintiffs bear responsibility for fulfilling their own discovery obligations — a significant outcome for insurance defence clients.
CASE DETAILS
COURT
Ontario Superior Court of Justice
CITATION
2022 ONSC 2008
JUDGMENT DATE
November 12, 2021
PRESIDING JUDGE
Justice Valente
PRACTICE AREA
Insurance Defence
OUTCOME
Motion granted — plaintiff to satisfy undertakings at own expense
OUR RESULT
“We strive for a fair settlement and the best possible results for our clients. Our record reflects a commitment to excellence in advocacy.”
DYER BROWN LLP