In Leendertse v. OPP, 2019 ONSC 4661, the court granted a further discovery of the plaintiff one month prior to trial.
The plaintiff provided information and documentation following his initial discovery that suggested a change in his work status.
Justice S.K. Campbell stated that, to avoid the defendants being unprepared to deal with the issue of future economic loss at trial, it is necessary in the interests of justice to grant leave for a further discovery. He said that a further discovery may allow the issues at trial to be narrowed and dealt with more expeditiously.
Justice Campbell permitted the defendants to have two hours of further discovery on the plaintiff’s income and sources of income since his initial discovery.
Robert Forderer of Rogers Partners LLP was counsel for the defendants.