The Court ordered examination of two individuals under UCPR r 5.2(2)(a) and r 5.2(3)(b) to identify the correct defendant(s) in a personal injury claim arising from a construction site operated by a corporate group with multiple interchangeable entities. The Court held that where a response to inquiries about the identity of the entity with care, control or management of a site is imprecise, incomplete, or fails to confirm that all relevant entities have been identified, the plaintiff has been 'unable to sufficiently ascertain' the defendant's identity for the purposes of r 5.2. The Court also held that a motion respondent cannot defeat a preliminary discovery application merely by pointing to particular inquiries the applicant might have undertaken but did not, provided the applicant has in fact undertaken reasonable inquiries.
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