Anne With An ‘E', Discovery Plans With A ‘P'

In 2010, the Ontario Courts introduced discovery plans into civil litigation proceedings. Rule 29.1 of the Rules of Civil Procedure requires that parties agree to a discovery plan before the earlier of 60 days after pleadings close or later should the parties so agree, or attempting to obtain evidence in the action. The Rule requires that discovery plans be in writing, and include (i) the scope of documentary discovery, (ii) that every document relevant to any matter in issue shall be disclosed regardless of privilege claims, and (iii) that the Court on a motion may grant leave to withhold disclosure or production until after the determination of an issue in the action. However, there was no provision permitting the Court to impose a plan where the parties failed to agree.