What is the test for disclosure of documents in a civil proceeding?
Canada (Federal), Canada
The following excerpt is from Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24 (CanLII), [2018] 3 FCR 633:
Another formulation of this is found in a classic British authority: It is universally recognised that here there are two kinds of public interest which may clash. There is the public interest that harm shall not be done to the nation or the public service by disclosure of certain documents, and there is the public interest that the administration of justice shall not be frustrated by the withholding of documents which must be produced if justice is to be done. (Conway v. Rimmer, [1968] 1 All E.R. 874 at p. 880.)
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