Is requiring registration and collecting evidence to be shared with the defence a form of pre-discovery production?
Ontario, Canada
The following excerpt is from Durling v. Sunrise Propane Energy Group Inc., 2011 ONSC 7506 (CanLII):
Requiring registration and collecting evidence that will be shared with the defence, all before the close of pleadings is a form of pre-discovery production. There is no such requirement in the Rules. Unless there is evidence "to suggest that the alleged 'class' nature of the claim calls for any departure from the discovery procedures set out in the Rules ... [a party] is not entitled to additional or accelerated rights of discovery under s. 12 of the CPA." (Stern v. Imasco Ltd at para. 29). No evidence exists in this case that justifies using such an extreme penalty that is a significant departure from the Rules.
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