What is the test for relevance when seeking production of documents from a party in a discovery context?

Ontario, Canada


The following excerpt is from Regional Municipality of Halton v. Alizadeh, 2021 ONSC 6958 (CanLII):

It has long been held that when production of documents is sought and they are in the hands of a non-party, the test for relevance is higher than in the discovery context: Walker v. Doxtator, 2018 ONSC 2112, at para. 12.

Other Questions


What is the test for relevance in the discovery and production context of a document that is in the hands of a non-party? (Ontario, Canada)
What relevance does relevance exist in the context of relevance? (Ontario, Canada)
Is it possible for a party seeking to impute income to get to the first step, laying the evidentiary foundation, where the party against whom they are seeking to be imputed makes little or no financial disclosure to the court? (Ontario, Canada)
What is the test for a party seeking additional production on the basis that it is relevant to abuse of process or prosecutorial misconduct? (Ontario, Canada)
Is a party required to disclose in its affidavit of documents (Schedule C) all documents formerly in their possession but no electronic or paper copy? (Ontario, Canada)
Can a party bring an issue of issue estoppel against the party seeking to relitigate the matter? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
What are the purposes of discovery and analysis in the context of discovery? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.