As stated by Justice Goodfellow at para. 29 in Croft v. Burrell, supra “such will not normally be sufficient to overcome the onus on the person seeking the exclusion”. The plaintiff has suggested that the co-defendants will tailor their evidence unless they are excluded from each others discoveries. Apparently the co-defendants are spouses who have lived together since the time of the accident in 1995. It does not seem practical to try to limit the communication between the parties some eleven years after the event. More importantly, I am not aware nor has the plaintiff provided any legal support for a ruling from this court preventing spouses from discussing this matter.
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