The plaintiff in a wrongful dismissal action brought a motion under Rule 30.06 of the Rules of Civil Procedure for an order requiring the defendant to serve a further and better affidavit of documents.
The court applied the test from Bow Helicopters, noting that a motion for a further and better affidavit requires evidence that specific documents exist that have not been produced, rather than mere speculation.
The court found that the defendant had complied with its production obligations and that the plaintiff failed to provide evidence of specific missing documents.
The motion was dismissed, and the plaintiff was directed to resume the examination for discovery of the defendant's representative.