What is the effect of late disclosure on a motion for summary judgment?

The plaintiff does not dispute that disclosure was late, but maintains that the failure to disclose was an irregularity and should be treated as such under Rule 3. The documents produced after of the hearing on the summary judgment do not reveal any document that would change the result of the summary judgment decision. The defendant, however, does not suggest that I should change the decision based on information contained in the additional documents; the defendant’s complaint relates to the exceptional delay in producing documents required to be disclosed under Rule 20. All that being said, it is clear that a mistrial is a drastic remedy that should only be resorted to where no other remedy can address the error or prejudice: see Sawridge Band v. Canada, 2007 FC 657; [2007] F.C.J. No. 895, at para. 405.