Motions: Further and Better Affidavit of Documents (ON)

Summary

This practice note discusses a motion for an order requiring a party to serve a further and better affidavit of documents pursuant to r. 30.06 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"). Under the Rules, each party must serve an affidavit of documents. An affidavit of documents is a list of every relevant document that is or was in the possession, power or control of the party that prepares and serves it. Occasionally, it may appear to a party that a relevant document in another party's possession, power or control may have been omitted from that party's affidavit of documents, or that a claim of privilege may have been improperly made. In such cases, counsel may bring a motion for an order for service of a further and better affidavit of documents. This practice note covers such topics as the applicable Rules, the legal standard to be met on a motion for service of a further and better affidavit of documents, strategic considerations, and related motion ...