Smith v O'Leary

In the matter of Smith v O'Leary, the plaintiff sought disclosure of documents from the defendant that were held by a third party. The dispute arose from an action for personal injury damages. The plaintiff had made an application for an order of non-party disclosure under rule 24.7(3) of the Uniform Civil Procedure Rules, seeking documents from a third party, which the defendant had possession of. However, after some of the documents were disclosed, the plaintiff decided not to pursue the application any further. The court was required to determine whether it should make an order for the plaintiff to pay the costs incurred by the defendant in disclosing the documents.

The court considered the Uniform Civil Procedure Rules, particularly rule 24.7(3), which allows for orders for non-party disclosure. The court noted that the plaintiff had initiated the application for disclosure but had subsequently abandoned it. The court was required to consider whether it should make an order for the plaintiff to pay the defendant's costs of disclosing the documents. The court held that, in the absence of any clear authority for making such an order, it would not make an order for costs against the plaintiff. The court held that it was not appropriate to make such an order in the absence of any clear authority for doing so. The court dismissed the application and made no order as to costs.