In a complex construction delay action regarding the Toronto York Spadina Subway Extension, the plaintiff contractor and defendant transit commission brought cross-motions regarding refusals and undertakings from examinations for discovery.
The court applied the principle of proportionality under Rule 29.2.03 to resolve the remaining disputes.
The court ordered the plaintiff to produce a breakdown of estimated project costs and a sample of 75 Requests for Information, but denied requests for the plaintiff's profit and loss reports and the internal correspondence of its scheduling consultant.
The defendant was ordered to produce the time periods for its liquidated damages claims against contractors at other stations.
