What is the test for an undertaking under Rule 30 of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from SC v NS, 2017 ONSC 353 (CanLII):
The undertaking is founded on the compulsory nature of discovery in a civil proceeding: Goodman v. Rossi, at para. 23. Parties are compelled to produce documents and submit to examinations for discovery under Rules 30 and 31 of the Rules of Civil Procedure. During the discovery process, the parties are compelled to disclose information given the public interest in getting at the truth: Juman, at para. 25.
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