What is the test for determining whether a question is relevant and material?
Alberta, Canada
The following excerpt is from Collacutt v. Briggs Bros. Student Transportation Ltd., 2008 ABQB 505 (CanLII):
When parties ask a court to define the scope of an examination for discovery, the pleadings play a significant role in determining whether a question is relevant and material as defined in Rule 186.1. As Slatter J., as he then was, noted in Weatherill Estate v. Weatherill, 2003 ABQB 69, [2003] A.J. No. 88 at para 16: “In determining whether a document is relevant and material, the starting point is the pleadings.” The same is true of questions. The question in a multi-party action is which pleadings are used to determine what is relevant and material?
"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
What is the relevant and material material material record in the context of a claim? (Alberta, Canada)
What is the test for determining whether a document is relevant or material? (Alberta, Canada)
What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error? (Alberta, Canada)
What is the test for determining whether a plaintiff has met the onus of proof for the causation question? (Alberta, Canada)
What is the test for determining whether a written contract is a question of law? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test to determine whether a claim can be conveniently heard and determined by a jury? (Alberta, Canada)
What is the test for determining whether a defendant has a right to a speedy trial when there has been a long delay? (Alberta, Canada)
What is the test for a jury to determine whether a trial can be conveniently conducted by a jury? (Alberta, Canada)
Is interest included in the calculation of damages claimed for purposes of determining whether the threshold amount is met? (Alberta, Canada)
