What is the test for exempting a party from production?
British Columbia, Canada
The following excerpt is from Maxam Opportunities Fund (International) Limited Partnership v. 893353 Alberta Inc., 2012 BCSC 553 (CanLII):
In B.C. Bottle Depot Association v. Encorp Pacific (Canada)[4], Griffin J. considered the predecessor rule and concluded that the court may exercise its discretion to exempt a party from production where “...time, cost, efficiency and marginal relevance make it impractical to rigidly apply the rule.”[5] While, in the end, she declined the exemption, her summary is helpful. At the same time it is not exclusive, as confidentiality and sensitivity have been added[6] as considerations.
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