Michael Ross
Associate
Document Dumps May Cost You
A recent decision from the Ontario Superior Court of Justice, Gowing Contractors Ltd v. Walsh Construction Company Canada, 2023 ONSC 4407, confirms there will be cost consequences to parties whose productions contain a significant proportion of irrelevant records. On a motion for further and better production, the Court considered, inter alia, whether the defendant Walsh had failed to meet its discovery obligations by producing an “astounding 25%” of irrelevant documents.
By way of background, the overall litigation relates to an infrastructure construction project. Walsh was the general contractor, Gowing was Walsh’s mechanical subcontractor, and Zurich Insurance Company Ltd.… Read More
