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“Automatic, immediate and ongoing”: The Court of Appeal emphasizes the fundamental obligation of litigants to disclose relevant documents

from WeirFoulds LLP

“Automatic, immediate and ongoing”: The Court of Appeal emphasizes the fundamental obligation of litigants to disclose relevant documents WeirFoulds LLP The Ontario Court of Appeal recently upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. While the facts of the Falcon Lumber Limited v 2480375 Ontario Inc. are relatively extreme, in that the defendants had been so blatant in their failure to comply with multiple orders of the court over an extended period of time, the case highlights the fundamental obligation to disclose and produce relevant documents, and the principles guiding the exercise of a court’s discretion to strike out a party’s claim or defence for breaching this obligation. READ MORE

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