Siemens Canada Ltd. v. Sapient Canada Inc., 2014 ONSC 2314 (CanLII)

  • April 23, 2014

Date: 2014-04-23. Docket: CV-10-8845-00CL. Master D.E. Short. | Link

Motion for an order requiring a discovery plan, a more comprehensive Affidavit of Documents, and timely production of relevant documents. The parties failed to comply with the mandatory requirement for a discovery plan before proceeding to make initial productions. There was a significant disparity between the number of documents produced by each side. The Court reviewed the typical process for e-discovery and held that the default rule for discovery should start with proportionality and a “recognition that not all conceivably-relevant facts are discoverable in every case”. The guiding principle in discovery should be proportionality and not relevance. The Court imposed the limiting phrase “subject to the principles of proportionality” in the discovery plan in order to acknowledge Rule 29.1.03(e).