Common use of Documentary Discovery Clause in Contracts

Documentary Discovery. Within 20 days after the close of pleadings, each Party shall submit to the other an affidavit of documents pursuant to the Ontario Rules of Civil Procedure (the "Affidavit of Documents"). Inspection and production of the non-privileged documents listed in the Affidavit of Documents shall be in accordance with the Ontario Rules of Civil Procedure. Each Party shall make available to the other Party copies of any documents set out in the Affidavit of Documents, as requested. The Arbitrator may, on application by either Party, order a Party to produce any documents the Arbitrator considers relevant to the arbitration which are not privileged and which have not been produced previously, within a time the Arbitrator specifies, and where such an order is made the other Party may inspect those documents and make copies of them.