Endale v Parker, 2022 ONSC 2008

In 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

The case involved a dispute over the obligations of a plaintiff in the discovery process. The Plaintiff had given undertakings during examination for discovery to produce certain medical records and documents. However, the Plaintiff subsequently refused to fulfill these undertakings unless the defendant’s insurer agreed to pay the costs of obtaining the medical documentation.

The Motion

Our office brought a motion before Justice Valente to compel the Plaintiff to satisfy the outstanding undertakings. We argued that the obligation to fulfill undertakings given during discovery rests with the party who gave them, and that the costs of obtaining one’s own records are not properly borne by the opposing party.

Decision

Justice Valente agreed with our position and ordered the Plaintiff to satisfy his undertakings at his own expense. The court confirmed that a party who gives undertakings during the discovery process is responsible for fulfilling them, including bearing any associated costs of obtaining the documents promised.

This decision reinforces the principle that undertakings given during examinations for discovery are binding obligations, and parties cannot impose conditions on their fulfillment that were not part of the original undertaking.