Markson v. MBNA Canada Bank, 2011 ONSC 871 (CanLII)

  • February 04, 2011

Date: 2011-02-04 Docket: 03-CV-254970 CP  C. Horkins J. | Link

In this certified class proceeding, the plaintiff moved for an order requiring MBNA to conduct a more thorough search of the documents in its possession, power and control, and an order for a further and better affidavit of documents including disclosure of certain categories of documents. The plaintiff defined in detail what it found missing (see para 22 onwards). The parties met and agreed on search terms and key custodians (para 37 onwards). While commending the defendant's significant efforts to identify and produce relevant documents, the court disagreed that it was disproportionate to order more production since the plaintiff had demonstrated that the requested documents were relevant to one or more of the common issues and had identified missing documents.