What is the test for obtaining leave under R. 16-1(7) of the BCSC, R.16-1 of the Rules of Civil Procedure, and what is the basis for the application?

British Columbia, Canada


The following excerpt is from Tietz v Cryptobloc Technologies Corp., 2021 BCSC 190 (CanLII):

All parties cite Servatius v. Alberni School District No. 70, 2020 BCSC 15 at paras. 111-112, for the premise that the discretion under the R. 16-1(7) should be exercised where the affidavit is important to the petitioner’s case and “necessary” to establish proof of one of the requisite elements of the case. However, the petitioners in this application before me do not assert the affidavit material is necessary for them to establish the elements as required under the test for leave.

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