Does a party have a prima facie right to see documents in a civil proceeding?
Newfoundland and Labrador, Canada
The following excerpt is from Walsh v. TRA Company Limited, 2019 NLSC 168 (CanLII):
Green, C.J. in Eason v. L.I.U.N.A., Local 1208, 2003 NLSCTD 157, at paragraph 47 indicates, “Generally speaking, if the documents relate to a matter in question in the proceeding, then their production will be needed to dispose fairly of the litigation. The parties seeking production will have a prima facie right to see them.”
Further, Green, C.J. at paragraph 48 in Szeto v. Dwyer, 2010 NLCA 36 explains it will often make sense to save the questioning in respect to Discovery examinations until the parties have the opportunity to analyze the documentary record.
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