Can a court 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 the list?

British Columbia, Canada


The following excerpt is from Gardner v. Viridis Energy Inc., 2012 BCSC 1816 (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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