What is the law relating to the duty to disclose in professional discipline proceedings such as this?

The Delegate went on to review the law relating to the duty to disclose in disciplinary proceedings such as this, noting that the right to disclosure in professional discipline cases was no longer in doubt. In this regard, the Delegate referred to the decision of the British Columbia Supreme Court in Milner v. Registered Nurses Assn. of British Columbia, [1999] B.C.J. No. 2743. Moreover, the Delegate held that while defence counsel's diligence enters into the picture, counsel cannot be expected to request disclosure of every document. Rather, the onus lies with the party whose duty it is to disclose.