Is a party required to disclose in its affidavit of documents (Schedule C) all documents formerly in their possession but no electronic or paper copy?
Ontario, Canada
The following excerpt is from Frangione v. Vandongen et al., 2010 ONSC 2823 (CanLII):
Rule 30.03(2)(c) requires a party to disclose in its affidavit of documents (Schedule C) all documents formerly in the party’s possession but no longer in the party’s possession “together with a statement as to when and how the party lost possession . . . over them and their present location.” As such, relevant documents on a computer that have been purged must be listed in Schedule C if no electronic or paper copy exits. (Nicolardi v. Daley, [2002] O.J. No. 595 (S.C.J.) at para. 26)
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