Who Pays for Productions in Simplified Procedure Actions?

One of the issues in the case of Rheaume v. Foster, 2021 ONSC 5804, was whether the plaintiff or the defendant was responsible for paying the cost of obtaining productions, such as medical records, in a Simplified Procedure action.

Justice Boswell held that each party is required to pay for his or her own productions. Rule 76.03(1) of the Rules of Civil Procedure indicates that a party shall serve an affidavit of documents and a copy of the Schedule “A” productions at the party’s own expense.

Based on this decision, the defendant in a Simplified Procedure action does not have to pay for documents such as clinical notes and records and a decoded OHIP summary. These documents are required to be listed in the plaintiff’s affidavit of documents and produced to the defendant, at the plaintiff’s own expense.