Affidavit of Documents
 30.03 (1) A party to an action shall serve on every other party an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party’s knowledge, information and belief all documents relevant to any matter in issue in the action that are or have been in the party’s possession, control or power.  O. Reg. 438/08, s. 27 (1). Contents (2) The affidavit shall list and describe, in separate schedules, all documents relevant to any matter in issue in the action, (a) that are in the party’s possession, control or power and that the party does not object to producing; (b) that are or were in the party’s possession, control or power and for which the party claims privilege, and the grounds for the claim; and (c) that were formerly in the party’s possession, control or power, but are no longer in the party’s possession, control or power, whether or not privilege is claimed for them, together with a statement of when and how the party lost possession or control of or power over them and their present location.  R.R.O. 1990, Reg. 194, r. 30.03 (2); O. Reg. 438/08, s. 27 (2). (3) The affidavit shall also contain a statement that the party has never had in the party’s possession, control or power any document relevant to any matter in issue in the action other than those listed in the affidavit.  R.R.O. 1990, Reg. 194, r. 30.03 (3); O. Reg. 438/08, s. 27 (3). Lawyer's Certificate (4) Where the party is represented by a lawyer, the lawyer shall certify on the affidavit that he or she has explained to the deponent, (a) the necessity of making full disclosure of all documents relevant to any matter in issue in the action; and (b) what kinds of documents are likely to be relevant to the allegations made in the pleadings.  O. Reg. 653/00, s. 3; O. Reg. 438/08, s. 27 (4). Affidavit not to be Filed (5) An affidavit of documents shall not be filed unless it is relevant to an issue on a pending motion or at trial.  R.R.O. 1990, Reg. 194, r. 30.03 (5). Inspection of Documents Request to Inspect 30.04 (1) A party who serves on another party a request to inspect documents (Form 30C) is entitled to inspect any document that is not privileged and that is referred to in the other party’s affidavit of documents as being in that party’s possession, control or power.  R.R.O. 1990, Reg. 194, r. 30.04 (1). (2) A request to inspect documents may also be used to obtain the inspection of any document in another party’s possession, control or power that is referred to in the originating process, pleadings or an affidavit served by the other party.  R.R.O. 1990, Reg. 194, r. 30.04 (2). (3) A party on whom a request to inspect documents is served shall forthwith inform the party making the request of a date within five days after the service of the request to inspect documents and of a time between 9:30 a.m. and 4:30 p.m. when the documents may be inspected at the office of the lawyer of the party served, or at some other convenient place, and shall at the time and place named make the documents available for inspection.  R.R.O. 1990, Reg. 194, r. 30.04 (3); O. Reg. 575/07, s. 1. Documents to be Taken to Examination and Trial (4) Unless the parties agree otherwise, all documents listed in a party’s affidavit of documents that are not privileged and all documents previously produced for inspection by the party shall, without notice, summons or order, be produced at, (a) the examination for discovery of the party or of a person on behalf or in place of or in addition to the party; and (b) the trial of the action.  R.R.O. 1990, Reg. 194, r. 30.04 (4); O. Reg. 248/21, s. 4. Court may Order Production (5) The court may at any time order production for inspection of documents that are not privileged and that are in the possession, control or power of a party.  R.R.O. 1990, Reg. 194, r. 30.04 (5). Court may Inspect to Determine Claim of Privilege (6) Where privilege is claimed for a document, the court may inspect the document to determine the validity of the claim.  R.R.O. 1990, Reg. 194, r. 30.04 (6). Copying of Documents (7) Where a document is produced for inspection, the party inspecting the document is entitled to make a copy of it at the party’s own expense, if it can be reproduced, unless the person having possession or control of or power over the document agrees to make a copy, in which case the person shall be reimbursed for the cost of making the copy.  R.R.O. 1990, Reg. 194, r. 30.04 (7). Divided Disclosure or Production (8) Where a document may become relevant only after the determination of an issue in the action and disclosure or production for inspection of the document before the issue is determined would seriously prejudice a party, the court on the party’s motion may grant leave to withhold disclosure or production until after the issue has been determined.  R.R.O. 1990, Reg. 194, r. 30.04 (8).