Is there any case law that states that documents that are not relevant to the pleadings must be shown in the Affidavit of Documents?
Ontario, Canada
The following excerpt is from B.E.M. Fireworks Inc. v. Edward Dworkin Distributors Limited, 2009 CanLII 9408 (ON SC):
It is trite law that documents that have a semblance of relevance to the issues in the pleadings must be listed in the Affidavit of Documents, including those documents over which a privilege is claimed and all Schedule A documents must be produced, preferably before discovery. (Elguindy v. Prince)[1]
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