Canadian National Railway Company v. Western Grain Cleaning & Processing Ltd., 2010 SKQB 59 (CanLII)

  • February 12, 2010

Date: 2010-02-12 Docket: Q.B.G. No. 1455 of 2008  Currie J. | Link

At para 23, the court describes the problem with the defendant's statement as to documents. It is a list of 96 items or groups of documents, comprising some 19,000 documents originating in paper. Because the documents are paper, the broad test of relevance applies, although the court observes at para 27 "It is a rare case, though, in which more than a small fraction of such documents relate to issues in the litigation on more than a background level." Going on at para 28, the court says: "For its document disclosure to be effective, Western Grain must provide a more detailed description of its documents, so that CNR will be able to understand what the documents are about, and can identify them in the future. Western Grain may do so in one of two ways. It may provide a more detailed description of all 19,000 of its documents, in the normal way. Alternatively, Western Grain may provide a more detailed description of only those documents that, in Western Grain's best estimation, actually relate to issues raised in the pleadings, in contrast to those documents that Western Grain has disclosed because of the scope of the broad relevance test."