During a trial, the plaintiffs objected to the defendants questioning a witness about a lost estate intake form that was not listed in the defendants' affidavit of documents.
The court found that the defendants breached Rule 30.03(1)(c) of the Rules of Civil Procedure by failing to list the lost document and explain its absence.
However, the court allowed the questioning to proceed, noting that the document was peripheral to the main issues, mitigating measures were available to the plaintiffs, and the prejudice was minimal.
The court concluded that the failure to disclose was best addressed in costs.
