What is the test for producing Extra-Record Documents?
British Columbia, Canada
The following excerpt is from Duhamel v Financial Institutions Commission, 2018 BCSC 962 (CanLII):
A party seeking production or consideration of extrinsic documents must establish that the documents are both necessary and relevant based on the pleadings: Brar v. College of Veterinarians of British Columbia, 2011 BCSC 215 at para. 20. Here, the Extra-Record Documents are not necessary. The petitioner does not allege a lack of jurisdiction, a denial of natural justice or that there is no evidence to support a material finding.
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