In a recent endorsement made by the Ontario Superior Court of Justice, G. R. Strathy J. granted a motion made by the moving plaintiffs (“Fairview Donut Inc. and Brulé Foods Ltd”) for the production of documents from eleven franchisees of the Tim Hortons chain who swore affidavits filed by the defendants (“Tim Hortons”). The affidavits were made in support of Tim Hortons motion for summary judgment and as part of their record in response to the plaintiffs’ motion for certification of the proceeding as a class action.
As evidenced by the reasons for the endorsement, Justice Strathy recited numerous statutory provisions which provided for the production of documents, namely, Rule 30.10 of the Rules of Civil Procedure which governs production of documents from a non-party wherein a court may make such a request if satisfied that a document is relevant to a material issue in the action. Further, Justice Strathy reiterated the powers provided by Rule 34.10 dealing with the production of documents on examination and section 12 of the Class Proceedings Act. The later permitting a court to make “any order it considers appropriate regarding the conduct of a class proceeding to ensure its fair and expeditious determination”.
Lastly, the Court applied the factors set out in 30.10 and identified by Perrel J. in the Tetefsky v. General Motors Corp. case
Links:
Fairview Donut Inc. v. The TDL Group Corp., 2011 ONSC 247
Tetefsky v. General Motors Corp., 2010 ONSC 1675
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