[5] The Plaintiffs submit that there should be no award of costs because: (1) Boehringer’s documentary request was too broad and was only narrowed at the argument of the hearing; (2) the Plaintiffs were guided by the existing jurisprudence that they submit circumscribe a defendant’s request for medical information in a class action; (3) the Plaintiffs had attempted to avoid the motion by providing some medical records; and (4) the Plaintiffs were justified in resisting the motion because such motions just encourage the delaying tactics of defendants in class proceedings and the defendant’s efforts to bring the merits of the case into the resolution of the certification motion, which is a procedural not a substantive determination.

[6] I disagree with these submissions. Boehringer’s request was a proper and appropriate request for the production of medical documents in the context of this particular class action and I regard my decision as no departure from the existing jurisprudence.

via CanLII – 2016 ONSC 739 (CanLII).

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