The moving party, a sub-subcontractor, brought a motion for further and better documentary production from the responding party contractor in a construction lien action.
The court ordered the responding party to produce all payment certificates related to the main contract, finding them relevant to the delay claims raised in the counterclaim.
The court also enforced an agreement between the parties to produce emails in their native PST format rather than 'near native' format, applying the Sedona Canada Principles.
Finally, the court ordered that affidavits of documents be provided in electronic format (Word or Excel) to ensure meaningful access to the voluminous productions.
