The plaintiff, N.M. Davis Corporation Limited, moved for a further and better affidavit of documents from the defendant, Marshall Stuart Ross, specifically seeking a detailed Schedule B regarding the Crown disclosure brief from a related criminal matter.
The plaintiff sought this information to determine when the co-defendant, Eva Jacqueline Wower, might have anticipated Ross's conviction for murder, which is relevant to the plaintiff's claim that Ross fraudulently conveyed properties to Wower under the guise of a divorce to defeat a judgment.
The defendant Ross resisted, arguing irrelevance and disproportionality given the 13 boxes of documents.
The court, applying principles from D.P. v. Wagg and Rule 29.2, found that while the timing of disclosure was relevant, requiring a full cataloguing of the entire Crown brief was disproportionate.
The court ordered Ross to amend his affidavit to identify transmission documents (e.g., covering letters) indicating when portions of the Crown brief were received by his counsel, without requiring a full Wagg screening process for these transmission documents.
Costs were awarded in the cause.