Silvercreek II Ltd. v. Royal Bank of Canada 2014 ONSC 6751 (CanLII)

  • November 20, 2015

Date: 2014-11-20. Docket: CV-11-9538-00CL. Master D.E. Short. | Link

In the context of a complex, case-managed action on the Commercial list the plaintiff hedge fund conducted extensive examinations for discovery and endeavored to obtain answers to undertakings and address matters where refusal were given. The Court held that with respect to proportionality, the issues identified in the pleadings dictate the relevance of the proposed scope of e-discovery. The scope of e-discovery should be proportional to the complexity of issues and amount at stake. RBC had an obligation to provide a summary of the substance of evidence of any persons who might have knowledge of the matters at issue, including former employees and directors as well as third parties. The Court directed that Silvercreek identify no more than 25 individuals who they believe may have relevant information. RBC was to disclose its current knowledge as to the names and addresses of those individuals or officeholders. With respect to no more than 15 of such identified individuals, Silvercreek was entitled to specify up to three broad areas of evidentiary concern for each witness. RBC was required to provide only the information of which it was aware concerning the W5 Factors [who, what, where, when, why and how] with respect to the identified specific areas of interest.