During a hearing before the Ontario Labour Relations Board, an issue arose regarding the production of a spreadsheet used to evaluate bids.
The document was potentially in the possession of the responding party due to prior civil litigation, raising concerns about the deemed undertaking rule under Rule 30.1.01(3) of the Rules of Civil Procedure.
The witness, a principal of the company that created the spreadsheet, expressly consented to its production in this proceeding, resolving the issue.
