What is the test for discovery in civil litigation?
Alberta, Canada
The following excerpt is from Discovery Ridge Development Corp. v. Well International Holdings Corp., 2003 ABQB 406 (CanLII):
Discovery is a fundamental part of the civil litigation process. Latchford J. described this in Henderson v. Mercantile Trust Co. (1922), 52 O.L.R. 198 at 200: It is, I think, greatly to be desired that each party to any litigation should know - so far as it may be properly known - the exact position occupied by his opponent and the precise nature of every document likely to strengthen or weaken that position. All discovery is directed to that end, and the tendency of our Courts in modern times is to widen all avenues of discovery.
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