April 26, 2022 – Undertakings

“Undertakings given at discoveries confer a presumption of relevance and propriety, including proportionality.  In Towne v. Miller, (2001), the court noted that an undertaking is an acknowledgment that a question is proper and that the subject matter of the undertaking is relevant.  Therefore, counsel should not be permitted to renege on a production undertaking where he later comes to believe that the document is not relevant.”

Ahmadi v. Heydari, 2018 ONSC 2682 (CanLII) at 50