Posts Tagged ‘Ontario’

An excellent description of the new Ontario Rules of Civil Procedure from the Ontario Ministry of the Attorney General which took effect on Jan 1, 2010 can be found here.

The revised Rules of Civil Procedure in Ontario Canada now includes Rule 29.2, the proportionality doctrine which states that the right to conduct discovery must be weighed against the time, expense and undue burden the producing party bears. This new rule sounds a great deal like the U.S. FRCP Rule 26(b)(2). The U.S. rule says that information is relevant and discoverable if there is any possibility it may be relevant to the claim. The new Canadian rules say that only information that is truly relevant in the case must be disclosed. The concept is to figure out what ESI is really relevant to the case instead of requiring production of all ESI that could be relevant to the case.