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Way v. Schembri, 2025 ONSC 946 (CanLII)
Date: 2025-02-11
Docket: CV-12-457 and CV-11-42, Gibson J.
In the case of Way v. Schembri [2025 ONSC 946], the Ontario Superior Court addressed significant eDiscovery failures that led to a consequential ruling. The defendants, including Gordon Schembri and associated entities, repeatedly failed to meet their documentary disclosure obligations despite multiple court orders and directions, including a peremptory order. This 15-year dispute, centered on a real estate joint venture, was notably hindered by Schembri’s refusal to produce documents that were deemed crucial to determining liability.
Schembri’s non-compliance was characterized by deliberate delays and inadequate resource allocation to manage the necessary volume of documents. Despite acknowledging the relevance of these documents years prior, his efforts were insufficient, leading to the court striking his defense in the Way Action and dismissing his claim in the Schembri Action. The decision underscores the critical nature of compliance in eDiscovery and the court’s willingness to impose severe sanctions to maintain judicial integrity.
This case serves as a powerful reminder of the importance of timely and complete document production in legal proceedings.