In what circumstances will a judge be able to prevent a defendant from giving full discovery?
Saskatchewan, Canada
The following excerpt is from White Fox Alfalfa Seed Growers Co-operative Marketing Association Limited v. A. E. McKenzie Limited (No. 2), 1941 CanLII 112 (SK QB):
In the above case Lord Alverstone, M.R. is reported at p. 559 as follows: “Upon principle I think that the rule laid down in Murray v. Clayton (1873) L.R. 15 Eq. 115, 42 L.J. Ch. 191, was right, namely, that when you are dealing with a wrong-doer you must not be astute to protect him from giving full discovery, because some consequences may flow from that discovery, which has been necessitated by his own wrongful act.”
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