Following last month’s prehearing conference, my lawyer sent a 24 page letter to UBC again detailing the types and location of documents it did not produce. She gave UBC a deadline of February 15, 2019 to reply – and UBC missed the deadline. Not only did it not produce any new documents, it also did not send any updates to the documents already provided (e.g. without redactions). Because we were waiting to hear back, and because my lawyer was tied up in a Hearing in another case, I pushed my update to today. Given the detail of the letter, I am not going to post it to the Documents section of this website, but any class member may request it from me.
My plan now will be to prepare and file an Application for Documents to file with the Tribunal. This means that I am going to complain to the Tribunal that UBC has been deficient with its disclosure. (Any party in a legal action can file an “application,” which is a request for the Tribunal to give that side something that the other side doesn’t agree to give.) UBC was put on notice last year that, if it forced me to do that, I would request the Tribunal to order it to pay my costs. If I were still a taxpayer in BC, I would be upset by the unnecessary waste. We will also bring up UBC’s failure to contact all the class members.
I aim to file the Application by the end of February. I’m also preparing an Application for documents from a third party which will be filed at the same time.
Glynnis Kirchmeier - and - Kirchmeier obo Others v. UBC 