Facts

Your client was examined for discovery on November 1, 2023. During the examination, your instructing lawyer Ms. Nakamura gave an undertaking to provide the defendant's lawyer, Ms. Ritchie, with the clinical notes and records of your client's family physician, Dr. Roberta Bondar.

You had previously written to Dr. Bondar's office when you were preparing your client's Affidavit of Documents and asked for her records. However, you did not receive a reply, so the records could not be included in the AOD.

Following the examinations for discovery, Ms. Nakamura asked you to write to Dr. Bondar's office again to get a copy of her records so that the undertaking could be satisfied. You wrote to Dr. Bondar's office on November 8, 2023 but did not receive a response. You sent a second letter on November 15, 2023 but again received no response.

Given Dr. Bondar's failure to respond to these requests, Ms. Nakamura needs to get the Court involved. She wants to bring a motion to the Court asking for an Order that Dr. Bondar must produce her complete file regarding your client within 30 days. This motion will be brought pursuant to Rule 30.10 of the Rules of Civil Procedure.

The motion is not going to be contested by Ms. Ritchie, the lawyer for the defendant. It is unknown at this time whether Dr. Bondar will respond. The motion is proceeding to an oral hearing which has been scheduled on December 7, 2023 and is expected to take 30 minutes. You have now been instructed to prepare the remaining materials required for the motion.

Requirements You must prepare the following documents: 1. Motion Record, consisting of: a. Notice of Motion b. Supporting Affidavit2. Two (2) Affidavits of Service. 3. Endorsement Form.