Notice of Motion (Further and Better Affidavit of Documents) (ON)

Summary

This precedent is a standard notice of motion that may be used by a moving party on a motion for production of a further and better affidavit of documents pursuant to rr. 30.03 and 30.06 of the Rules of Civil Procedure, R.R.O. 1990 Reg. 194 ("Rules") in Ontario. This precedent includes practical guidance and drafting notes. In a personal injury matter, every party must produce an Affidavit of Documents pursuant to r. 30.03 of the Rules. The affidavit of documents is a list of every relevant document in the possession of the party, whether they intend to rely on it or not. Once these documents are gathered, they can be sorted into Schedule A for documents that a party does not object to producing or Schedule B for documents that you acknowledge are relevant to the issues in the lawsuit but are refusing to produce on the basis of privilege. A motion for a further and better affidavit of documents is to be brought only if the opposing party has not given the appropriate disclosure, ...