Six Nations of the Grand River Band of Indians v. Attorney General of Canada et al.

[Indexed as: Six Nations of the Grand River Indian Band v. Canada (Attorney General)]

48 O.R. (3d) 377

[2000] O.J. No. 1431

Court File No. 690/99

Ontario Superior Court of Justice Divisional Court Archie Campbell, Molloy and Lamek JJ. April 12, 2000

Civil procedure -- Discovery -- Interrogatories -- Party to complex action may be required to respond to interrogatories about its legal position on matters in issue and to provide particulars of that position.

The motions judge, who was case managing a complex action by the plaintiff Band against the governments of Canada and Ontario, required the federal government to respond to interrogatories and give particulars of its legal position in respect of matters going to the heart of the action. Canada appealed.

Held, the appeal should be dismissed.

There may be cases where the complexity of the litigation requires that particulars be ordered during the discovery process in order to enable a party to prepare for trial. The motions judge was intimately familiar with the complex and lengthy procedural history of this case, and it could not be said that he erred in principle in his conclusion that the orders were in the interests of both parties in order to focus the issues, help the parties prepare for trial, and enable the court better to know the real issues to be tried. As for the legal content of particulars, nothing in [rule 25.10](https://www.canlii.org/en/on/laws/regu/rro-1990-reg-