Ferguson v. Arctic Transportation Ltd.
T-1941-93
Hargrave P.
14/7/95
12 pp.
Motion to compel production of outstanding documents, particulars and information requested during examination for discovery of plaintiff in March 1995-Also seeking production of plaintiff for continued examination for discovery-Action arising out of injury of plaintiff, Panama Canal pilot, when wire emergency pick-up line came loose and whipped back, injuring plaintiff-Whether plaintiff under duty to obtain information, documents from third parties-Individual party, in preparation for examination for discovery, bound to inform himself of matters known to employees, agents-Under no obligation to make inquiry of third persons over whom has no control-Plaintiff having no obligation to make such inquiries-In case of discovery of documents, test for production one of relevance-Agency relationship between party required to produce documents and person holding documents can establish possession, control-Hospital records, medical records sought by defendants held by persons, institutions outside of Canada-Plaintiff ought to produce that material-Request no. 4: Particulars of negligence-Defendants entitled to know case to meet, to have limit to generality of pleadings and to tie hands of plaintiff-Some of allegations of negligence, when coupled with particulars set out in letter of May 24, 1995, fairly obvious-Letter not dealing adequately with other allegations-Defendants may put questions to plaintiff to ask all of facts known by him and to require him to advise them of any additional presently known facts beyond those already provided-Request no. 9: Production of cat scan results-Documents in control of third parties-Plaintiff required to give authorization as to production of said documents-Request no. 10: Hearing examination documentation-Related to possible progressive loss of hearing which might have resulted in plaintiff's early retirement as mariner-Still open for defendants to seek range of reports in order to test whether progressive loss of hearing-Plaintiff to provide defendants with suitable authorizations enabling them to try to obtain mate-ial-Request no. 11: Overtime claim-Plaintiff to advise as to extent of overtime claim for period worked in Port Captain's office, on straight salary, without overtime-Question no. 17: Clinical notes of Doctor Kelly-Latter consulted by plaintiff as to injury to right shoulder, left knee by reason of accident-Two-page typewritten report, one page of notes from Dr. Kelly produced by plaintiff-Plaintiff not required to make further inquiries-Request no. 19: Particulars of December 1991 accident-Plaintiff to provide authorization allowing defendants to apply to Panama Canal Commission for employment records as will determine date of chemical carrier incident or employment records of any accident in December of 1991-Motion allowed in part.