Can a motion for better production be successful in summary judgment?
Ontario, Canada
The following excerpt is from The Ontario Flue-Cured Tobacco Growers’ Marketing Board v. Rothmans, Benson & Hedges, Inc., 2014 ONSC 3469 (CanLII):
Cumming J. addressed a similar issue in the context of a motion for better production in Cole v. Hamilton, 1999 CanLII 14820, at para 3, where he commented that, “a party will often require production of documents by the opposition to prove the party’s case.” For that reason, summary judgment motions typically proceed wither after discoveries are complete, or with affidavit evidence and cross-examinations that go a long way to replicating what will be produced in discoveries.
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