Technical document production struggles will not excuse undue delay

Technical document production struggles will not excuse undue delay

Wendy Cole

Director, Project Management and Counsel

October 1, 2018

 

The October 2017 decision of Master Graham in 683153 Ontario Limited et al. v. The Manufacturers Life Insurance Company et al. , 2017 ONSC 6024 (CanLII) serves as a cautionary tale for both counsel and clients who are unfamiliar with the complexities of producing discovery documents in electronic format.

 

Although this was an extreme case of delay, it stands for the broader principle that litigants cannot rely on complexity, costs and eDiscovery problems to excuse them from pursuing the case in an expeditious manner and in compliance with the timelines set out under the rules, particularly when those problems are the result of inexperience of counsel in managing large electronic productions.… Read More

Court Orders Non-Parties in Parallel Action to Produce Documents

Court Orders Non-Parties in Parallel Action to Produce Documents

June 11, 2018

 

In Schwoob v. Bayer Inc., 2018 ONSC 166 (CanLII), a product liability class action, the Ontario Superior Court of Justice ordered two non-parties affiliated with the defendant corporation to produce 2,900 documents that they had produced in a parallel U.S. class action proceeding.

 

The plaintiffs brought a claim against Bayer Inc. (“Bayer Canada”) and two affiliated companies, Bayer Healthcare Pharmaceuticals Inc. (“Bayer U.S.”) and Bayer Pharma AG (“Bayer Pharma”), in 2010, on behalf of women in Ontario who had taken certain prescription oral contraceptives.  The claim alleged negligence in the design, testing, distribution, marketing and sale of the contraceptives, as well as failure to adequately warn of the risk of adverse consequences.  … Read More