Date: 2003-12-22 Docket:02-CV-227777CP Master MacLeod | Link

Master MacLeod discusses the exercise of discretion by the court to control the discovery process in paragraphs 11 and 12. "Control of the process by the court may take different forms.  Firstly, even relevant inquiries may be restricted if they are unduly onerous or abusive.  Secondly, the court may direct that the party requiring discovery or production that appears to be relevant but not essential shall pay the cost.  Thirdly, in complex cases, it may be necessary to provide for managed production and discovery where the court plays an active ongoing role in managing the process.  In the latter situation, it may be necessary to examine the information uncovered by a particular level of production and to refine the issues in dispute before determining if a more detailed level is required. It may even be necessary to put the parties to certain elections concerning their position at trial before determining the extent of production or discovery."