Dynamic Control Systems v. Newnes Machine Ltd.
T-781-93
Hargrave P.
28/8/95
8 pp.
Motion to strike out affidavit of documents, for identification of relevant passages in prior art documents, to require defendants to identify portion of pleadings to which each passage relates-Litigation involving optical device used in saw mills for measuring lumber thickness-Defendants providing substantial affidavit of 1,900 documents-R. 448 setting out basic rule for discovery of documents-Test not document must be clearly relevant but may be relevant with ultimate relevance left to Trial Judge-Test of relevance not matter for exercise of discretion-What documents parties entitled to matter of law, not matter of discretion-Document having some semblance of relevance must be produced, leaving it to Trial Judge to make final determination-No mindless shovelling in of irrelevant documents-Defendants having set out method of searching for documents to show relevant prior art, prior patents, obviousness-Method of search reasonable one-Under R. 448(2) documents must be sufficiently described to be identified-Defendants not required to give particulars of documents so as to limit themselves, as to documents, from among those produced, which defendants and expert will ultimately rely upon-Had no choice but to include relevant documents showing prior art, prior patents, obviousness in list of documents-Motion dismissed-Federal Court Rules, C.R.C., c. 663, R. 448.