What is the province’s position on the timing of an application for production of documents?
British Columbia, Canada
The following excerpt is from Yahey v British Columbia, 2019 BCSC 1725 (CanLII):
The Province relies on Forstved v. Kokabi, 2018 BCSC 111 where Mr. Justice Kent dismissed an application for document production primarily due to the timing of the application, being on the “eve of trial”. The Province maintains this reasoning is even more applicable here as the application comes in the middle of a complex trial and the plaintiffs are about to close their case. The Province also maintains there is no justification for the plaintiffs’ delay in this respect.
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