In Newlove, a plaintiff failed to produce financial information and then sought to have it admitted at trial to bolster his claim for damages. The trial judge heard a motion before trial brought by the defendant to dismiss the action or for an order preventing the plaintiff from introducing the evidence. The court held that the proper approach was to proceed with the trial without the previous undisclosed documents. The trial judge quoted from Bascur v. Fernandino, [1997] O.J. No. 1136 and stated, “the extreme remedy of dismissal of the action with respect to damages may be granted, in a case where no acceptable excuse for the failure to comply is offered, and the documents cannot be produced in time for proper trial preparation.”
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