Letter to Opposing Counsel (Preserve and Produce Documents) (ON)

Summary

This precedent is a standard letter to opposing counsel reminding them of their client’s obligation to preserve and produce all relevant documents in Ontario. This precedent includes practical guidance, drafting notes and optional clause. If there is a suspicion that the opposing party is destroying or removing relevant documents to the family law case, a letter should be sent immediately to opposing counsel reminding them of the obligation to preserve and produce relevant documents. The letter should include: (1) reminder of the fundamental obligations to maintain and disclose all relevant documents; (2) request confirmation that opposing party is preserving all documents; (3) consideration to bring a motion seeking a preservation order; (4) request for an affidavit listing documents, if applicable. For more information on preservation orders, see the practice note: Preservation of Property (ON). For examples of documents used in a motion seeking a preservation order, an order ...