Can the defence argue that the documents sought in this application fall within Rule 7-1(1)(a)(i)?
British Columbia, Canada
The following excerpt is from Przybysz v. Crowe, 2011 BCSC 731 (CanLII):
In a carefully argued submission, the defence says that the documents sought in this application fall within the ambit of Rule 7-1(1)(a)(i). That is, the documents should have been produced by the plaintiff on the basis that all of them could be used by the defence to prove or disprove a material fact, or assist in proving or disproving such a fact: Biehl v. Strang, 2010 BCSC 1391.
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