David Rogers led a seminar on productions this morning at our firm’s weekly meeting.
The court’s decision in SecurityInChina International Corp. v. Bank of Montreal, 2019 ONSC 7183, provides an excellent summary of production requirements.
Justice Mitchell outlined the following principles:
 Rule 30.06 requires production of every document relevant to any matter in issue in an action. However, the law does not permit “fishing expeditions” nor does it permit production of documents relevant only to the issue of credibility.
 Rule 30.02 reads:
(1) Every document relevant to any matter in issue in an action that is or has been in the possession, control or power of a party to the action shall be disclosed as provided in rules 30.03 to 30.10, whether or not privilege is claimed in respect of the document.
(2) Every document relevant to any matter in issue in an action that is in the possession, control or power of a party to the action shall be produced for inspection if requested, as provided in rules 30.03 to 30.10, unless privilege is claimed in respect of the document.
In applying these rules, the court shall make orders and give directions that are proportionate to the importance and complexity of the issues, and to the amount involved, in the proceeding.
 Since the January 1, 2010 amendments, the “semblance of relevance test” is no longer the law in Ontario. Relevance is determined by the issues raised in the pleadings.
 Discovery proportionality requires the court to consider whether,
(a) the time required for the party or other person to answer the question or produce the documents would be unreasonable;
(b) the expense associated with answering the question or producing the document would be unjustified;
(c) requiring a party or other person to answer the question or produce the document would cause him or her undue prejudice;
(d) requiring the party or other person to answer the question or produce the documents would unduly interfere with the orderly progress of the action; and
(e) the information or the document is readily available to the party requesting at from another source.
 The test for production of documents is relevance and proportionality. Relevance is the threshold issue on this motion; however, proportionality is the guiding principle at the outset. The test for proportionality in discovery requires a recognition that the time and expense related to any civil proceeding must be proportionate both to the amount in dispute as well as the importance of the issues at stake in the proceeding.