DEED has provided input on the proposed document discovery processes set out in the Ontario Civil Rules Review Phase 2 Consulation Paper; you can read our submission in full here. Our primary concerns are:
- Cases will require a more complete record than the Upfront Evidence Model provides.
- Adverse documents will not be produced.
- A “Redfern” request-based system is inefficient for large-scale discovery.
- Timing requirements are unrealistic.
We recommend:
- A mechanism for more a fulsome discovery process in cases that require it.
- Adopting a materiality standard that goes beyond mere relevance.
- Document discovery be performed primarily as a one-step process before Witness Statements are exchanged.
- Continuing to incorporate the Sedona Canada Principles in our Rules.