What is the current obligation of a party to disclose surveillance and veterinary records?
Ontario, Canada
The following excerpt is from Olivier v. Pat and Mario’s Restaurant, 2012 ONSC 5798 (CanLII):
The recent case of Beland v. Hill [2012] O.J. No. 3997, deals with the ongoing obligation of a party to disclose. In that case, there was no surveillance evidence at the time of examination for discovery but subsequently surveillance evidence was obtained. In the Beland case, the court followed the rationale of “full and timely disclosure” as set out in Ceci v. Bonk. In dealing with the defendants failure to disclose the surveillance information and veterinary records, Mr. Justice Howden in Beland, makes the following observations from paragraphs 48 to 52:
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