What documents do I have to produce to the other side in an Ontario lawsuit?
In Ontario civil litigation, each party must produce all documents in their possession, custody, or power that are relevant to the matters in dispute — including documents that may harm their own case. "Relevance" is interpreted broadly: if a document could reasonably affect the issues in the case, it must be disclosed.
Documents include paper records, emails, text messages, photographs, contracts, financial records, and electronic files. The obligation extends to documents you currently have and to documents you once had but no longer possess (which must be listed and explained in your affidavit of documents).
You do not have to produce documents that are protected by privilege, such as communications with your lawyer or work product prepared for litigation. However, even privileged documents must be listed in the affidavit of documents so the other side can see they exist and challenge the privilege claim if they wish.
Deliberately concealing or destroying relevant documents can result in serious consequences, including cost sanctions, adverse inferences at trial, or even having your claim or defence struck. Your lawyer can help you identify what is relevant, what is privileged, and how to organize your production properly.
Key takeaways
- All relevant documents — helpful or not — must generally be disclosed.
- Emails, texts, electronic files, and photographs count as documents.
- Privileged documents are listed but not produced.
- Concealing or destroying documents can result in serious sanctions.