Date: 2014-03-04. Docket: CV‑09‑37858800‑0000. Myers, J. | Link

Appeal from the order of a Master regarding document production. The parties to this appeal are defendants in lawsuits related to an airplane crash in which three people died. The appellants were the manufacturers of the failed engine that was identified as a cause of the accident. The Master ordered the appellants to produce documents concerning parts, counterweights, and accidents (other than those which relate to the lawsuit) because they are relevant to the products liability and duty to warn causes of action pleaded. The appellants argue that producing 39 years of documents for 15 parts and over 50 models offends the proportionality principle. Justice Myers dismissed the appeal: “[t]his is a significant case involving the loss of three lives with tens of millions of dollars in damages being claimed.  Absent evidence from the appellants with the description of hardship sufficient to meet the subheadings of Rule 29.2 to counterbalance the relevancy and discretionary factors considered by the Master , I cannot see a basis to conclude the Master erred in law, principle, or appreciation of the facts to the standard of a palpable and overriding error. “