Aldea v. Levy, 2018 ONSC 6162

In this case, the Plaintiff listed numerous documents in Schedule “A” of her Affidavit of Documents, but refused to produce a number of them for inspection as they were not in her possession (i.e. doctor’s records). The Plaintiff advised that she would produce the documents if the Defendant agreed to pay for them. The court rejected this position stating that a party who has listed documents in Schedule “A” of the Affidavit of Documents has an obligation, at a minimum, to produce the documents for inspection. The court stated that by listing the documents in Schedule “A”, the Plaintiff had sworn that she did not object to producing them for inspection. She could not now object to their production or impose terms on when they would be produced. The court also noted that it was not the Defendant’s responsibility to fund the Plaintiff’s lawsuit.