Can counsel renege on a production undertaking where they later come to believe the document is not relevant?
Ontario, Canada
The following excerpt is from Ahmadi v. Heydari, 2018 ONSC 2682 (CanLII):
Undertakings given at discoveries confer a presumption of relevance and propriety, including proportionality. In Towne v. Miller, (2001), the court noted that an undertaking is an acknowledgment that a question is proper and that the subject matter of the undertaking is relevant.[1] Therefore, counsel should not be permitted to renege on a production undertaking where he later comes to believe that the document is not relevant.[2]
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