What is the test for a court to order the production of financial records of a partnership?
British Columbia, Canada
The following excerpt is from Dyform Engineering Ltd. v. Ittup Hollowcore International Ltd., 1980 CanLII 438 (BC CA):
A number of cases have been relied upon by counsel. I do not propose to review them all. In Harnam Singh v. Kapoor Singh (1927), 39 B.C.R. 485 (C. A.), a case in this court which dealt with a partnership matter, the court decided that it was premature to order the production of financial records of the partnership until the plaintiff had established his partnership. The court, therefore, postponed that discovery until after partnership had been shown. At pp. 487-88 Macdonald C.J.A. said: "The rule gives the judge power to postpone discovery until a prior question has been decided, namely, whether the plaintiff is a partner in this business at all. I think it is premature to make an order for production of these accounts."
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