What is the test for proportionality under Rule 1-3(2) of the Rules of Civil Procedure and Procedure?
British Columbia, Canada
The following excerpt is from Marsh Canada Limited v. BFL Canada Insurance Services Inc., 2014 BCSC 1171 (CanLII):
Furthermore, by applying the proportionality principle embodied in Rule 1-3(2), an attempt is made to balance the burden of producing the documents in terms of time, cost and effort against their materiality and probative value. Proportionality does not only relate to monetary quantification, it also relates to the importance of the issue in question: Isman v. The City of New Westminster, 2011 BCSC 1066 at para. 14.
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