[15] As to procedure for disclosure from non-parties in regards to non-parties, I have directed in the past and still maintain that it is necessary to serve a copy of the notice of motion and supporting material to those from whom and about whom disclosure is sought in the event that these persons may want to appear either in person or through counsel in regards to the motion. In the case at hand, I also suggested to counsel that the procedure in The Queen v. O’Connor, [1995] 4 S.C.R. 411, 191 N.R. 1, 68 B.C.A.C. 1, 1996] 2 W.W.R. 153, 112 W.A.C. 1, 130 D.L.R. (4th) 235, 33 C.R.R. (2d) 1, 103 C.C.C. (3d) 1, 44 C.R. (4th) 1, 1995 CanLII 51, [1995] S.C.J. No. 98, 1995 CarswellBC 1098, might be appropriate and, by that, I meant serving the persons from whom disclosure is sought with a summons to attend with their documents with a view to having the trial judge determine the issue of relevance and then, if such was determined in the positive, having the trial judge look over the documentation and releasing those portions of the documentation that are indeed relevant. This procedure was followed. Because of my finding, it was not necessary for me to review the documentation.
"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.