Regarding the timeline for filing and serving an affidavit of records and the penalties for failing to comply with the rules in this regard, the Committee proposes that there be a specific onus on the party who failed to file the affidavit of records within the prescribed time to show why they should not incur a prescribed penalty. Regarding the appropriate scope of discovery of records the Committee proposes to keep the present test for “material and relevant” and proposes more severe consequences for failing to produce a record that ought to have been produced. It is proposed that there be no requirement that contents of insurance policies be disclosed. Rules similar to the requirements in the Federal Court Rules should specifically set out when a group of documents may be described as a bundle in an affidavit. Regarding who may be subject to examination for discovery the Committee proposes a slight extension of the present rules. There will remain a right to discover an appointed corporate representative, officers, employees, and former employees. Additionally, person who may not be actual employees, former employees or officers of a corporate party but who have the best direct knowledge of matter in an issue as a result of performing duties for the corporation, should be discovered. Rules should specify an express duty for the corporate representative to inform him/herself prior to discovery. A set procedure governing the use of written interrogatories should be adopted. Rules should specifically address the use of interpreters.
Consultation Memoranda
Back to Publication SearchRules: Document Discovery and Examination for Discovery, Consultation Memorandum 12.2
Resource Details
Publication No: | 12.02 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm0122.pdf |