Proportionality principles are not just for large commercial cases – they extend to all cases, no matter the size or area of law. A great recent example: the process for challenging a Will in Ontario must now incorporate proportionality principles. In Traitses v. Traitses Estate,  O.J. No., Justice Brown rejected the utility of the standard Estates List Order for Directions and held that the SCC’s proportionality principles in Hryniak v. Mauldin, S.C.J. No. 7 must be incorporated into Will challenge proceedings. The court also ordered that the Standard Case Management Directions, originally developed by Justice Brown for matters on the Commercial List, apply to this case. Those Directions incorporate proportionality principles and direct counsel to explore “creative ways to ensure that e-discovery costs remain proportionate” by, for example, limiting the number of issues on which initial documentary discovery can be made, delaying e-mail documentary discovery until after the exchange of core documents related to limited issues, and limiting the scope of e-mail documentary discovery.
Proportionality is clearly here to stay – in every type of case.
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