PRACTICE |
Discovery |
Production of Documents |
Maruha Corp. v. Oceanex Inc.
T-1785-98
Blais J.
20/12/99
15 pp.
Motions for orders requiring defendants Oceanex Inc., Oceanex (1977) produce for inspection, copying certain documents--First motion requesting documents relating to new management cargo handling procedures, supply of marine-compatible portable generators--Federal Court Rules, 1998, r. 222 providing document relevant if party intending to rely on it or if document tending to adversely affect party's case or to support another party's case--T.O. Forest Products Inc. v. Fednav Ltd. (1993), 72 F.T.R. 39 (F.C.T.D.) holding all documents of possible assistance to either party to support or defend claim relevant, and must be made available; documents should be produced unless clear of no relevance to issues being litigated--R. 223 categorizing documents to be listed in affidavit of documents--Parties having obligation to include in affidavit of documents all relevant documents, and stating why document may not be produced--Continuing obligation on parties to disclose newly discovered documents under r. 226--R. 231 providing disclosure of document or production for inspection not constituting admission of authenticity or admissibility in action--Admission of evidence for Trial Judge to determine--First motion granted; defendants ordered to provide documents as requested--Second motion requesting documents dealing with operation manual prepared by Oceanex prior to accident, completed after accident; documents relating to investigation report--Solicitor-client privilege claimed with respect to documents relating to investigation--Document produced in contemplation of litigation privileged--Onus on party claiming privilege to show dominant purpose of preparation of survey report in respect of litigation--Defendants not meeting onus--Plaintiffs demonstrating reports on damages part of regular practice of defendants; made as soon as damages, and not necessarily related to contemplated litigation--Defendants ordered to provide documents requested to Court for decision whether subject of solicitor/client privilege, whether clearly prepared in preparation for upcoming litigation, and at request of either solicitors at time or actual solicitors--Federal Court Rules, 1998, SOR/98-106, rr. 222, 223, 226, 231.