The applicants, Gowing Contractors Ltd. and Zurich Insurance Company Ltd., brought a motion seeking further and better production from the defendants Walsh Construction Company Canada and Walsh Construction Co., and leave to amend their pleadings.
The court found that Walsh had overproduced irrelevant documents and failed to produce relevant documents concerning harassment/discrimination allegations and Walsh's delay claim against the City.
The court ordered Walsh to provide a better affidavit of documents, disclose search terms, and produce relevant documents, including those related to its delay claim against the City and its settlement, subject to the City's right to challenge.
Leave to amend pleadings was granted for breach of contract claims but denied for negligence claims and damages related to unrelated projects.
The court also awarded costs thrown away to the applicants due to Walsh's deficient production and late disclosure.
