What is the extreme remedy of dismissal of an action for failing to produce documents required for trial preparation?
Ontario, Canada
The following excerpt is from Newlove v. Moderco Inc., 2002 CanLII 34748 (ON SC):
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: Bascur v. Ferdinando, [1997] O.J. No. 1136 (Master).
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