The Plaintiffs claimed against the Defendant Town on that basis that they caused storm water run-off to flow over the Plaintiffs’ land, causing damage to the soil and the natural watercourse. The Town disclosed documents by way of a Supplementary Affidavit of Records on four separate occasions, one of which was near the end of Trial. The Trial Judge held that the delay in producing the documents did not ultimately prejudice the Plaintiffs and the Plaintiffs appealed. The Plaintiffs argued that Rules 5.5 and 5.6 required that the Town disclose documents that were in their “possession, custody or power” much earlier than they did. The Court of Appeal held that it was unnecessary to perform an analysis of the ownership of and access to those documents because the Plaintiffs did not “address whether these records were material such that they [were] the type of records which should have been included in the documents produced”. The Appeal was dismissed.