What is the test for exclusion from the discovery process?
Ontario, Canada
The following excerpt is from Alexandridis v. Richard, 2007 CanLII 18016 (ON SC):
There must be some persuasive evidentiary basis to support a finding that the discovery process would probably be compromised in a palpable way should exclusion not be granted:Shuttleworth v. TGA General Contracting, [2003] O.J. No 2997, 124 A.C.W.S. (3d) 453 (S.C.J.).
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