The defendants brought a motion under Rule 30.04 of the Rules of Civil Procedure seeking production of documents referenced in the plaintiffs’ statement of claim.
The plaintiffs opposed production, arguing the defendants had not shown the documents were necessary to plead a defence.
The court reviewed the history and purpose of Rule 30.04(2) and held that documents specifically referred to in pleadings are incorporated into those pleadings and must be produced for inspection upon request.
The court rejected the argument that necessity for pleading is a precondition to inspection and emphasized the Rules’ objective of full disclosure and avoidance of trial by ambush.
The motion was granted and the defendants’ time to deliver a statement of defence was extended to ten days after delivery of the requested documents.
