CONSTRUCTION LAW
Litigation can be a stressful but necessary step to enforce legal
rights: the process is long and rigorous, often requiring
you to recall facts from events that occurred months or
years past, and requiring you to find documents that, for many projects,
can span across numerous files, employees, project managers and countless
other people involved in the dispute. In addition to this already stressful
process, under Saskatchewan’s new Bill 152, The Builders’ Lien (Prompt
Payment) Amendment Act, if you are disputing an invoice, documents must
be disclosed and produced within five days. This short period for document
disclosure and production can turn an already stressful process into
a nightmare for both client and legal counsel. However, a proper understanding
of the rules and requirements for document disclosure and production
can alleviate and avoid litigation stress.
There are many myths and misunderstandings about what documents
are required to be disclosed and produced during litigation. Although the
court rules often require the broad disclosure of documents, knowing what
is and is not required to be disclosed can help you create a system to effectively
manage and preserve documents proactively, before you are in the
midst of the stressful litigation process. This can save time and energy, and
potentially reduce litigation costs.
STOCKASSO/123RF
To Disclose or
Not to Disclose
Dispelling six myths of document management
and preservation in consideration of litigation
By Troy Baril and Hasith Andrahennadi, Miller Thomson LLP
thinkbigmagazine.ca | Quarter 1 2020 | Think BIG 55
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