What proportionality principles apply to disclosure in civil proceedings?

Ontario, Canada


The following excerpt is from Fehr v. Sun Life Assurance Company of Canada, 2014 ONSC 2183 (CanLII):

As I noted recently in The Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund v. SNC-Lavalin Group Inc.,[13] proportionality principles will have an impact on the scope of disclosure in civil proceedings. In that decision, which concerned settling a discovery plan, I stated at paragraph 88: 88. Proportionality recognizes that perfection is the enemy of the good. Naturally enough, a litigant wants to know everything that might possibly be known to prove his or her case and a litigant wants to know everything about their opponent’s case so as to not be taken by surprise and to be ready to disprove the opponent’s case. But what a litigant wants is not necessarily what he or she needs, and the development and settling of a Discovery Plan should be approached by needs not wants.

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