Date: 2007-05-31 Docket: L051505. Shabbits J. | Link

Requiring an affidavit to verify that production is complete. "In Foundation Co. of Canada Ltd. v. Burnaby (District), [1978] B.C.J. No. 557 (B.C.S.C.), Legg J. discussed the purpose of the rule that a party may be required to verify by affidavit that the documents which it has listed are all the documents that are or have been in their possession. He explains, at para. 7, that the purpose of Rule 26(3) is to enable a party to require that every reasonable effort has been made by its opponents to reveal the existence of all relevant documents that are or have been in their possession. Legg J. states that when some documents that are significant to the defence or claim of a party have for whatever reason been omitted, that in the absence of any adequate explanation or reason for such omission, an order directing the delinquent party to deliver an affidavit verifying the list of discovered documents ought to be made." (para 55)  "In my opinion, the defendants have adopted a narrow view as to what their lists of documents ought to include. I conclude that the defendants should be put on their oaths so that their consciences are appropriately engaged in the decision as to what documents are material to the proceedings, and whether they have yet been produced." (para 59)