Date: 2003-04-10 Docket: S002178 J Sinclair-Prowse J.  | Link

In this personal injury case, the plaintiff had been rendered a quadriplegic at the age of 17 while riding in the snowboard park at Blackcomb Mountain. Although the defendant had already produced all reports of snowboarding accidents that had occurred that year in the snowboard park, the plaintiff sought accident reports from several previous years. The defendant sought an exemption from this further production under B.C. Supreme Court Rule 26(1.2) . The Court recognized that the production sought would be costly and time consuming but decided this was outweighed by the relevance of the additional documents sought and the seriousness of the plaintiff’s injuries. In obiter commentary, the Court stated that it might have ruled differently had the plaintiff’s injuries been less serious. (summary courtesy K.Littmann)