The defendant bank brought a motion seeking a further and better affidavit of documents and leave to amend its statement of defence in an action arising from three vehicle financing loans.
The amendments alleged that the plaintiff engaged in numerous additional vehicle transactions with related dealerships, making those transactions relevant to the issues in the action.
The court held that the plaintiff’s pleadings placed the nature of these additional transactions and relationships in issue, rendering documentary disclosure concerning them relevant.
The court rejected arguments based on proportionality and lack of relevance, emphasizing the significant damages claimed and the scope of the pleadings.
The defendant’s motion for further documentary production was granted and the plaintiff was ordered to produce the documents within 45 days.
