Chorney v. Colwill (1986), 19 C.P.C. (2d) 195 (Ont. H.C.J.) [Chorney]

Chorney is an example where the court granted the moving party a second Examination for Discovery (ED).  Chorney  was a Family Law Reform Act action by the widow of a man who died in an MVA. The Defendant conducted an ED of the widow.  Following the ED, the Defendant received the results of the deceased Plaintiff’s autopsy report.  The report indicated that the deceased had alcohol in his blood at the time of the MVA.   The plaintiff knew of the autopsy result at the time of the first ED. The Defendants applied to re-examine the plaintiff but the application was refused. The defendants appealed.

 

Callaghan J. allowed the appeal.  He found that the information was significant to the issues at trial and that the Defendants were entitled to a second ED.  He offered no further elaboration.   Presumably, the evidence of alcohol in the blood of the deceased created a substantial new issue which the Defendant was entitled to address in an ED.

Alexander Rozine is an Associate at D’Angela Fox Vanounou LLP, a plaintiff-side personal injury firm in Toronto.

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