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RULE 32
DISCOVERY
AND INSPECTION OF DOCUMENTS

Analysis



List of documents: exchange

32.01. (1) Unless the Court otherwise orders, a party to a proceeding shall, within ten days after the close of the pleadings between an opposing party and the party, or within seven days after the service of the originating document where there are no pleadings, file and serve on the opposing party a list in Form 32.01A of the documents of which the party has knowledge at that time relating to every matter in question in the proceeding and file the list with the Court without a copy of any document being attached thereto.

             (2)  A list of documents under rule 32.01(1) shall enumerate the documents in a convenient order with a short description of each document or, in the case of bundles of documents of the same nature, of each bundle.

             (3)  A claim that any document is privileged from production shall be made in the list of documents with a sufficient statement of the grounds of the privilege.

             (4)  Unless the Court otherwise orders, a list of documents shall state, with respect to any document on the list that is in the possession, custody or control of the party serving the list and for which privilege from production is not claimed

             (a)  that a true copy of the document is attached to the list;

             (b)  that the party receiving it may, if it is necessary, inspect the document by immediately communicating with the party serving the list; and

             (c)  that the party serving the list will produce the document at the trial or hearing of the proceeding.

1986 c42 Sch D rule 32.01; 36/14 s43

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Order for discovery of documents, etc.

32.02. The Court may at any time

             (a)  order any party to file and serve on any opposing party to a proceeding a list of documents in Form 32.01A, as provided by rule 32.01;

             (b)  order any party to make discovery, limited to certain documents or classes of documents only, or of documents related to the matters specified in the order;

             (c)  where it appears that any issue or question in the proceeding should be determined before the discovery of all or any of the documents is made, order that the issue or question be determined; or

             (d)  where satisfied that discovery of all or any of the documents is not necessary at that time or later, dismiss or adjourn the application; or

             (e)  make such other order as is just.

1986 c42 Sch D rule 32.02

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Order for affidavit as to possession or custody of documents

32.03. (1) The Court may at any time, on the application of any party, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in that party's possession, custody or power, and if not then in that party's possession, custody or power, when the other party parted with it and what has become of it. Such an order shall fix a time within which the affidavit is to be filed and served.

             (2)  An order may be made against a party under this rule notwithstanding that the party may already have made or been required to make a list of documents or an affidavit under this or another rule.

             (3)  An application for an order under this rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had, in the party's possession, custody or power, the document or class of documents specified or described in the application and that it relates to one or more of the matters in question in the proceeding, and the reasons for such belief.

1986 c42 Sch D rule 32.03

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Admission and production of documents in list of documents

32.04. (1) Unless it is denied in a notice served within ten days after a party receives a list of documents or in a pleading or when the Court otherwise orders, a party receiving a list of documents shall be deemed to admit that any document listed therein as being in the possession, custody or control of the party serving the list for which privilege is not claimed, and which is described in the list

             (a)  as an original document, is such a document and was printed, written, signed or executed as it purports respectively to have been, and

             (b)  as a copy, is a true copy.

             (2)  A party serving a list of documents under this rule shall produce at the trial or hearing of the proceeding such of the documents specified in the list of documents as are in that party's possession, custody or control and for which privilege from production is not claimed.

             (3)  Nothing in rule 32.04(1) shall be deemed to prejudice the right of a party to object to the admissibility in evidence of any document.

1986 c42 Sch D rule 32.04

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Inspection of documents

32.05. (1) Subject to rule 32.01(4), a party may at any time serve a notice in Form 32.05A on any other party in whose pleading, affidavit or list of documents reference is made to any document, requiring the other party to produce the document for inspection or further inspection and to permit that party to make a copy thereof.

             (2)  The other party shall, within four days of the receipt of the notice in rule 32.05(1), serve on the first party a notice stating a time within seven days after the service thereof at which any document, that the other party does not object to produce, may be inspected at the place specified in the notice and a copy made thereof, and if the other party objects to produce any document, the other party shall state the grounds of the other party's objection.

1986 c42 Sch D rule 32.05

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Production of documents on trial or hearing

32.06. Subject to rule 32.01(4), a party may at any time serve on any party a notice in Form 32.06A requiring the party to produce and show to the Court on the trial or hearing any document referred to therein.

1986 c42 Sch D rule 32.06

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Order for production of documents

32.07. (1) The Court may order the production, for inspection by any party or the Court, of any document relating to any matter in question in a proceeding at such time, place and manner as it thinks just.

             (2)  Where a document is in the possession, custody or control of a person who is not a party, and the production of the document might be compelled at a trial or hearing, the Court may, on notice to the person and any opposing party, order the production and inspection thereof or the preparation of a certified copy that may be used in lieu of the original.

             (3)  An order for the production of any document for inspection by a party or the Court shall not be made unless the Court is of the opinion that the order is necessary for disposing fairly of the proceeding or for saving costs and is not injurious to the public interest.

1986 c42 Sch D rule 32.07

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Production of business books

32.08. (1) Where the production of any business book for purposes of inspection is applied for, the Court may, instead of ordering the production of the original book for inspection, order a copy of any entry therein to be supplied and certified by a person who has examined the copy with the original book, and the certificate shall state what erasures, interlineations or alterations there are, if any, in the original book.

             (2)  Notwithstanding that a copy of any entry in any book has been made, the Court may order production of the book from which the copy was made.

1986 c42 Sch D rule 32.08

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Newly discovered documents

32.09. When, at any time after a list of documents has been delivered under Rule 32,

             (a)  it comes to the attention of the party delivering it that the list was inaccurate or incomplete; or

             (b)  any document relating to any matter in question in the proceeding comes into the party's possession, custody or control after the time the list was delivered,

the party shall file and serve a supplementary list with reference thereto.

1986 c42 Sch D rule 32.09

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Failure to comply with requirements for discovery, etc.

32.10. If any party who is required by Rule 32, or by any order made thereunder, to make discovery of documents or to produce any documents for the purpose of inspection or any other purpose fails, without reasonable cause or excuse, to comply with any provision of Rule 32, or with that order, as the case may be, or fails to make reasonable efforts to give full discovery, then the Court may make such order as it deems just including, in particular, an order that the proceeding be dismissed or, as the case may be, an order that the defence be struck out and judgment entered accordingly.

1986 c42 Sch D rule 32.10

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Revocation and variation of orders

32.11. Any order made under Rule 32, may be revoked or varied by a subsequent order on such terms as the Court thinks just.

1986 c42 Sch D rule 32.11