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High Court grants order to defendant life insurer requiring the plaintiffs (as policyholders with the defendant) to answer interrogatories concerning the prior medical records of a spouse of the plaintiff (now deceased) in substantive proceedings concerning a dispute over the payment out of benefits under the said life insurance policy due to non-disclosure of material facts, on the grounds that no evidence has been presented by the plaintiffs that providing answers to such interrogatories would be oppressive, unfair or require extensive research and investigation which might mitigate against the making of such an order.
Interrogatories - O.31 r.11 RSC - motion requiring plaintiffs to answer interrogatories by affidavit or viva voce examination - proceedings seeking payments out of life insurance policy from death of plaintiff's spouse - defence based on voidance of cover due to non-disclosure of material facts on personal medical history - Court of Appeal granted leave to deliver interrogatories to the defendant following an appeal from the Master of the High Court and later the High Court (Barr J.) - plaintiff sent copies of its affidavits to defendants indicating the answers to interrogatories were contained therein - plaintiff no direct knowledge of answers to certain questions - whether too traumatic for plaintiff to peruse medical records of deceased's spouse - plaintiff's solicitor can identify issues and discuss same with plaintiffs - order granted pursuant to O.31 r.11 RSC
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