Does a Master have jurisdiction to order production of documents held by a foreign non-party?
British Columbia, Canada
The following excerpt is from Allen-Trenholme v. Simmie, 2006 BCSC 384 (CanLII):
The earlier decision of Master Powers (as he then was) in Wolansky v. Harlen (1992), 67 B.C.L.R. (2d) 211 must be considered in a similar light. On similar facts Master Powers concluded there was no jurisdiction under the Rules to order production of documents held by a foreign non-party, but thought that a judge, unlike a master, may be able to do so by relying on inherent jurisdiction. But if a judge is unable or unwilling to exercise inherent jurisdiction, it is apparent that a master has no lesser jurisdiction in such matters than does a judge of the court.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Master order production of documents under Rule 26(11)? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Does a judge have jurisdiction to enter an entered order on an order for sale of a property made at trial? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
Can a court be functus officio where it entered an order with respect to liability and damages but retains jurisdiction to order costs? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
What is the scope of the court's discretion to order production of documents under Rule 7-1(17)? (British Columbia, Canada)
