In Ontario, every person who commences or defends an action must swear and deliver to all parties an affidavit of documents listing all relevant documents. Relevance is interpreted very broadly and includes any document that has a "semblance of relevance". There are penalties for failing to make full and complete disclosure. If a party locates a new document that is relevant, it must be included in an updated affidavit of documents as soon as possible and the affidavit of documents, as updated, must be served on all other parties. Some documents are protected and need not be fully described (but must be disclosed) such as documents prepared in contemplation of litigation which are protected by litigation privilege or documents prepared and exchanged between solicitor and his own client which are protected by solicitor client privilege.
Marc-Nicholas Quinn, Lawyer, Mediator and Author, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers - http://www.pqtlaw.com/
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