Friday, October 10, 2008

Documents to be produced for inspection -- when?

Under Rule 30.04(3) documents have to be produced for inspection upon request – there is a five-day requirement in the subRule. How is the five-day requirement under Rule 30.04(3) to be interpreted? 

 

One argument is that the documents to be inspected have to be produced within five days of a Request to Inspect being served. 

 

Another position could be that only a date and a time to inspect need be provided within five days. 

 

There was no case law on the issue. 

 

Master Glustein however has found the documents have to be produced within five days.  The decision is unreported but the citation is, "David Murray-Audain v. Park West Inc. and David Bishop", Ontario Superior Court of Justice, Court File No. 05-CV-286632 PD2, motion heard 29 September 2008

 

 

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