Appeal Court Writes a Chapter on Proportionality
On May 31st the Newfoundland and Labrador Court of Appeal issued a judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders under civil rules.
The underlying matter was about a motor vehicle claim and a list of broadly framed interrogatories served by a defendant immediately after the close of pleadings. The defendant argued that the interrogatories were necessary because the statement of claim requested general and special damages without any real degree of particularity. It also argued that the applicable court rules did not require . . . [more]