Obrovac v. Insurance Corporation of British Columbia

Obrovac v. Insurance Corporation of British Columbia

The application was dismissed because the interrogatories largely sought information already provided in documentary disclosure and could be addressed in examinations for discovery; they were duplicative, imposed an unreasonable burden by requiring the plaintiff to summarize extensive documents, and would not advance a just, speedy or inexpensive determination of the action. Costs awarded to plaintiff.

Citation
2006 BCSC 879
Parties
Plaintiff/respondent: Jennifer Katherine Obrovac; Defendant/applicant: Insurance Corporation of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 June 2006
Procedural Posture
Bad Faith Action Arising From Motor Vehicle Accident (personal Injury) / Application for Answers to Interrogatories; Discoveries Ongoing (pre Trial Discovery Stage)
Outcome
Defendant's application dismissed with costs to the plaintiff
Legal Topics
Interrogatories, Examinations for Discovery, Production of Documents, Proportionality in Discovery, Costs
Source Language
English
Civil Procedure Insurance Law Personal Injury Discovery Practice Interrogatories Examinations for Discovery Production of Documents Proportionality in Discovery +1 more

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Parties

Jennifer Katherine Obrovac

Plaintiff/respondent

Insurance Corporation of British Columbia

Defendant/applicant

Procedural Posture

Bad Faith Action Arising From Motor Vehicle Accident (personal Injury) / Application for Answers to Interrogatories; Discoveries Ongoing (pre Trial Discovery Stage)

Legal Issues

  1. 1 Whether the defendant's interrogatories were relevant and necessary to the action
  2. 2 Whether interrogatories duplicative of documents already produced and examinations for discovery
  3. 3 Whether interrogatories improperly seek a plaintiff-prepared catalogue/summary of documents

Ratio Decidendi

The application was dismissed because the interrogatories largely sought information already provided in documentary disclosure and could be addressed in examinations for discovery; they were duplicative, imposed an unreasonable burden by requiring the plaintiff to summarize extensive documents, and would not advance a just, speedy or inexpensive determination of the action. Costs awarded to plaintiff.

Court Disposition

Defendant's application dismissed with costs to the plaintiff

Orders

  • Defendant's application for answers to interrogatories dismissed
  • Costs awarded to plaintiff in any event of the cause