When will a party be required to produce an affidavit of documents?
British Columbia, Canada
The following excerpt is from Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2016 BCSC 1870 (CanLII):
In NMH Holdings Limited v. The Crestmark Developments Limited Partnership, 2012 BCSC 2215, at para. 48, and following, Voith J. observed that the case law concerning the issue of when a party ought to be required to deliver an affidavit of documents might not be applicable to cases where the document production process is complicated and voluminous. He also noted that the case law had been developed under the former Rules. He questioned whether a requirement to produce a list of documents should any longer be thought of as containing a measure of censure.
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