What is the burden of producing a statement by a party?
British Columbia, Canada
The following excerpt is from Rutherford v. Sagard, 2001 BCSC 365 (CanLII):
As to the defendant’s statement of January 11, 1999, Steeves v. Rapanos establishes that a different test applies to the statement of a party than to the statement of a witness. The burden in the former case is on the party resisting production by reason of privilege and not on the party seeking production. It is not an answer to say that the other party can obtain the document or the information in the document from some other source.
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