What is the test for a party to obtain a right to inspect a property?
Ontario, Canada
The following excerpt is from Kwong v. iAnthus Capital Holdings, Inc., 2022 ONSC 1400 (CanLII):
Finally, the document must be specifically referenced in the requested party’s affidavit; general references to non-specific documents does not give rise to a right to inspect under r. 30.04(2): Kenning v. Odaguchi, 1992 CarswellOnt 3782 at para. 5; Wallbridge v. Brunning et al., 2017 ONSC 6283, at para. 88. In this case, the documents the plaintiff seeks are not specifically referenced in the affidavits. Presumably if they were, the plaintiff would have delivered a request to inspect.
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