What is the standard of proof required for a motion under Rule 30.06?
Ontario, Canada
The following excerpt is from Frangione v. Vandongen et al., 2010 ONSC 2823 (CanLII):
A motion under Rule 30.06 requires evidence, as opposed to mere speculation, that potentially relevant undisclosed documents exist. However, the level of proof required should take into account the fact that one party has access to the documents and the other does not. (Leduc v. Roman, supra, at para. 14)
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