The plaintiffs brought a motion for an order requiring the defendants to serve a further and better affidavit of documents in an action arising from the alleged breach of an agreement for the sale of a medical practice.
The defendants opposed, arguing the requested documents were irrelevant, disproportionate, and that the motion should be refused due to the lack of a discovery plan under Rule 29.1.05(1).
The court found the requested OHIP billing sheets, reconciliations, and bank statements were relevant to the pleadings and ordered their production, awarding costs to the plaintiffs.