IN THE SUPREME COURT OF BRITISH COLUMBIA

Date: 20120904

Docket: S127541

Registry:
New Westminster

Between:

Michele Rhodes

Plaintiff

And

City of Surrey,
Raymond Kerr also known as Ray Kerr, Mountainview

Market Ltd.,
Gurdaval Singh Sandu and Manjit Kaur Sandhu

Defendants

Before:
Master Caldwell

Reasons for Judgment

[1]            
This is an application by the plaintiff for extensive document
disclosure from the defendants.

[2]            
The action involves a motor vehicle accident which occurred in mid
December of 2009 during a time of winter road conditions. The plaintiff alleges
that the road conditions caused or contributed to the event and her injuries
and that the defendants were responsible for the road conditions.

[3]            
At the time of the application I was provided with extensive argument
regarding the event, the documents, the timing of the application as regards
the defendant Kerr, the relevance of the documents and the very existence of
the documents. I reserved my decision because, after hearing the arguments, I
was of the view that a more detailed reading and analysis of the affidavit
evidence was required.

[4]            
Having now reviewed the sworn material, and as importantly the lack of
such materials from the defendant City of Surrey, I have determined the
following:

1.       The
technical or procedural objection of the defendant Kerr is well founded in that
the application regarding him is premature; it is brought before the time when
he must provide his documentary disclosure and as such paragraphs 2 and 4 of
the application must be adjourned.

2.       The
application regarding relief sought against the City of Surrey is unopposed by
any evidence sworn by an authorized representative of the City and accordingly
paragraphs 1 and 3 of the application are allowed as sought.

[5]            
I note for the record that some considerable time after this matter was
spoken to in chambers, counsel for the plaintiff tendered a further affidavit
for consideration. I was and remain of the view that the application should be
decided on the basis of the material originally presented and accordingly I
declined to review that affidavit.

[6]            
In the circumstances costs will be in the cause.

“Master
Caldwell”