Subcontractor brought motion for order requiring contractor and principal to deliver further and better affidavit of documents. Motion dismissed but Master did not deal with issue of whether other defendants to produce other documents relevant to issue of delay. Subcontractor appealed. Appeal allowed. Proposed fresh evidence comprising of emails was produced by municipality in companion third party claim. Had fresh evidence been available and considered by Master more likely that settlement agreement would have been ordered to be produced. Evidence could not have been obtained by exercise of reasonable diligence as subcontractor had no access to settlement. All settlement documentation between defendants to be produced. Master misapprehended relief being sought with respect to issue of delay. Defendants to deliver further and better sworn affidavit of documents forthwith that including documentation relevant to any alleged delay to the project.
Accel Electrical v. City of Brampton (2018), 2018 CarswellOnt 6805, 2018 ONSC 2523, Ferguson J. (Ont. S.C.J.); varied (2017), 2017 CarswellOnt 18008, 2017 ONSC 6708, Master D.E. Short (Ont. S.C.J.).