Discovery Plan

McBreairty v. College of the North Atlantic, 2011 NLTD 97 (CanLII)

  • June 24, 2011

Date: 2011-06-24 Docket: 200501T5570  D. Fry J. | Link
In a suit for wrongful dismissal started in May 2005 and following several problems with production resulting in the need for intervention, the court defines precisely what information it expects to have been exchanged one week before the Pre-Trial Conference, starting at para 23. Similar to the kind of information needed for a discovery plan.

Osprey Capital Partners v. Gennium Pharma Inc., 2010 ONSC 2338 (CanLII)

  • April 26, 2010

Date:2010-04-26 Docket: 07-CV-340006PD1  Master Glustein. | Link
Starting at para 41, the Master discusses what is covered in a discovery plan, and states that the plan does not need to identify key documents or issues for examinations for discovery. Rather, the purpose of the discovery plan is "is to ensure that counsel meet promptly to attempt agree on the "plan" that will govern the discovery process; i.e. the extent of documentary production required, the anticipated timing and length of the examinations for discovery, and the names of the persons intended to be produced for examinations for discovery."  (Editor's note: might be a problem of terminology, since standard practice in e-discovery is to agree on names of key custodians - i.e. those sources most likely to yield relevant information.)