It has been a little over a month since the changes to the Ontario Rules of Civil Procedure have brought in “proportionality” as a governing principle and brought in specific directions regarding proportionality in the discovery process. This is a summary of a quick case law review I conducted for recent Ontario civil procedure decisions citing the proportionality concept.
By numbers alone, it appears Ontario courts are citing the principle slightly more. I counted 15 civil procedure cases reported on Quicklaw that mentioned proportionality from January 1 to February 14. For the same period last year the number was eight. . . . [more]