MacKay v. Scott Packing and Warehousing Co. ( Canada ) Ltd.
T-2015-89
Rouleau J.
14/10/92
6 pp.
Production of documents -- Appeal from Prothonotary's decision question posed to defendant should not be answered as irrelevant and documents should not be produced as privileged -- Agreement entered into to pack and transport by sea plaintiff's personal effects from Toronto to London, England -- Defendant only partially delivering property -- Plaintiff seeking to compel defendant to answer question as to previous misdeliveries -- Judge hearing appeal from prothonotary on matter involving exercise of discretion not bound by prothonotary's opinion -- No evidence showing previous misdeliveries, evidence likely inadmissible -- Past similar facts not relevant to issue of fundamental breach of contract -- Question should not be answered as irrelevant -- Whether documents asked for prepared in contemplation of litigation -- Documents in issue prepared for insurance purposes, not substantially for legal reasons or in view of litigation -- Documents not privileged, should be produced-Appeal allowed in part.