What is the test for responding to an application for discovery?
Alberta, Canada
The following excerpt is from Juke v. John Doe, 2009 ABQB 557 (CanLII):
We are not dealing with information provided pursuant to an undertaking given during an examination for discovery. Answers to undertakings are a procedural step (being a form of continuation of examinations for discovery) and will almost always be considered to have advanced an action unless they are merely perfunctory and nothing hinges on the response (see Ravvin Holdings v. Ghitter, 2008 ABCA 208, 95 L.C.R. 1, 96 Alta. L.R. (4th) 1, 437 A.R. 66, 62 C.P.C. (6th) 279, 2008 CarswellAlta 1270). Letters sent provided information on injuries
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