What is the legal test for producing documents in the hands of a third party?
British Columbia, Canada
The following excerpt is from Wieler v. Bercier, 2004 BCSC 752 (CanLII):
The plaintiff submits that the learned master erred in failing to consider that production of documents in the hands of a third party is, by virtue of case law and by virtue of R. 26, a step-by-step process. The plaintiff says that that process is the one correctly set out by Metzger J. in his decision of Amos v. Virk, supra, and relies on para. 10 of that decision, which provides as follows:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
When is a party entitled to production of documents from a third party? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
What is the scope of an application under Rule 26(11) for production of documents in the hands of third parties? (British Columbia, Canada)
Can a party recover additional expert opinions from a third party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
