Sharma v. Timminco Limited, 2010 ONSC 790 (SCJ) (Rule 29.1 – discovery plan; Rule 30.03 – affidavit of documents)
Judgment Released: February 3, 2010 Link to Judgment
The Court noted that Rule 30.03(1) no longer specifies the timing for the delivery of an Affidavit of Documents (the deadline was formerly 10 days after the close of pleadings). Instead, Rule 29.1 requires the parties to prepare a discovery plan which, under Rule 29.1.3, shall be agreed to before the earlier of (a) 60 days after the close of pleadings or such longer period as the parties may agree to and (b) attempting to obtain evidence.
In this proposed class action, the Court ordered production of insurance policies even though the pleadings were not yet closed and examinations for discovery were some distance away, which made the production request “technically…premature”.