What is the test for requiring a party to produce an affidavit verifying its list of documents?
British Columbia, Canada
The following excerpt is from Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2016 BCSC 1870 (CanLII):
Rule 7-1(8) permits a court to order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from a list of documents. Such an order may also be made where a party has shown a "dilatory and casual attitude to production of documents" leading to an inference that "either deliberately or by wilful indifference relevant documents may be hidden". Rule 7-1(8) should not be rigidly applied in a case involving very large numbers of documents. There must be evidence showing relevant documents have been omitted or that the disclosure has been inadequate: Copithorne v. Benoit, 2010 BCSC 130 at paras. 11-14.
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