What is the test for a party seeking additional production on the basis that it is relevant to abuse of process or prosecutorial misconduct?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Fernando, 2021 ONLSTH 24 (CanLII):
A party seeking additional production on the basis that it is relevant to an allegation of abuse of process or prosecutorial misconduct must establish “a real or substantial possibility, or a tenable allegation” of abuse of process. In other words, there must be some concrete evidence or proof to support the allegation: Law Society of Upper Canada v. Natale, 2011 ONLSHP 192 at paras. 8-9.
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