Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 JUNE 2021

Late Document Disclosure May Cause Trial Delays, Adjournments, And Dismissals

Gardiner Roberts LLP
Gardiner Roberts LLP
Contributor
Explore more from Gardiner Roberts LLP

Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
Author LinkedIn connections

Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side. The Court of Appeal for Ontario has stated that “[t]he fundamental obligation to disclose relevant documents and produce those that are not privileged should be performed automatically by a party, without the need for court intervention”: Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors),  2020 ONCA 310 (CanLII), at para.  43. Delays or refusals to comply with the documentary production rules can derail the progress of an action. Waiting until the commencement of trial can have even more serious consequences, the least of which is an adjournment and delay of the trial.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
CanadaLitigation, Mediation & Arbitration
Soloway Wright
Soloway Wright
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.
CanadaLitigation, Mediation & Arbitration
MLT Aikins LLP
MLT Aikins LLP
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Lights, Camera Infractions: A Review Of Ontario’s Automatic Enforcement System Offence Regime, The Risks To Commercial Vehicle Carriers And How Operators Can Protect Themselves

Ontario's automatic enforcement system (AES) offences, captured by red light cameras and similar technology, pose significant regulatory risks to commercial vehicle carriers. These offences carry the maximum 5 CVOR penalty points—equivalent to impaired driving or criminal negligence—yet are nearly impossible to defend or resolve through plea negotiations.
CanadaTransport
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Lawyer Receives 6-Month Suspension For Misuse Of Artificial Intelligence (Law Society Of Ontario v. Lee)

The misuse of artificial intelligence by litigants and lawyers continues to be alarming. Although it is well-documented that generative artificial intelligence platforms have a tendency to produce inaccurate answers to legal questions, and, moreover, to produce output which references non-existing cases or which inaccurately portrays legal propositions in existing cases, these tools continue to be used recklessly.
CanadaCriminal Law
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Attorney General Of Canada Fails To Land Knockout Punch Against Application On Climate Change (Maltais v. Minister Of Environment)

Although there is debate about whether the world is suffering from climate change, according to a 2024 United Nations survey, 80 percent of people worldwide want their country to do more about it. Based on measurements of the world’s glaciers, there is certainly scientific evidence that they have receded each year for the past 37 years and that they are melting faster than ever.
CanadaEnvironment
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials

Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP