Discovery Plan: Rule 29.1

As of January 1, 2010 pretty well every civil case in the Ontario Superior Court has required a Discovery Plan under R. 29.1. It looked like a good idea -- for every case counsel would agree as to what has to be produced and when -- a great way to avoid excess production and the focus everyone on what matters.

It has not worked out that way.

Discovery plans have been ignored or worse have become a source of further delay and court process as disputes over the plans have ended up before a Master.

Perhaps in very large cases, say where claims exceed $1,000,000.00 the Rule ought to be maintained -- but for normal sized litigation the idea has not worked and should be revoked.