Passing The Buck: Payment Of Productions In Personal Injury Litigation

• Published date: 26 April 2022
• Law Firm: McCague Borlack LLP
• Author: Mr Garett Harper and Conner Sipa

In the recently released Endale v. Parker,¹ the Superior Court of Justice has clarified which party ought to pay for obtaining documents, whether by undertaking or otherwise. This case will hopefully serve to settle this all too frequently contested issue in personal injury litigation.

In Endale, the Court granted the defendant's request for an order for the plaintiff to answer undertakings consisting of various medical records, pay the costs associated with answering undertakings and to produce a further and better affidavit of documents. The defendant previously agreed to pay the reasonable costs associated with reproduction but argued the plaintiff ought to pay the remainder of the expenses...