2186080 Ontario Inc. v. 1009558 Ontario Limited, 2012 ONSC 2593 (Div. Ct.) (Rule 1.04 – proportionality)
Judgment Released: April 30, 2012 Link to Judgment
The Divisional Court denied leave to appeal the decision of a Superior Court decision where the Judge denied a motion for a further and better affidavit of documents. The Superior Court Justice denied the motion because, regardless of whether or not the original affidavit of documents was deficient, the Court found the moving party had all documents appearing in any way relevant. In denying leave, the Divisional Court held that the Superior Court Justice’s order was, among other things, proportional under Rule 1.04(1.1).