Date: 2010-05-05 Docket: S093481 N. Smith J. | Link

Although the defendant had disclosed a large volume of documents, the plaintiff alleges that critical documents are missing from the production based on information from a former employee of the defendant during examinations for discovery. At para 20, the court observed that the plaintiff had specified categories of documents that he considers to be relevant. The plaintiff had moved to strike the defendant's appearance or statement of defence, but the court concludes at para 35 this would be too draconian a remedy and gives leave to the plaintiff to cross-examine the defendant on his document production.