What is the procedure for disclosure from non-parties?

Ontario, Canada


The following excerpt is from Tobin v. Collings, 1996 CanLII 8671 (ON CJ):

[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.

Other Questions


What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
In a contract out of the statutory disclosure regime, how has disclosure of significant assets and liabilities been interpreted? (Ontario, Canada)
What is the consequence of striking the pleadings of a party who has failed to comply with a court order requiring disclosure disclosure? (Ontario, Canada)
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
What is the test for adequate disclosure of material risks attendant to a procedure or treatment? (Ontario, Canada)
What is the scope of a surgeon's duty of disclosure? (Ontario, Canada)
What is the procedure for responding to a claim in a personal injury action? (Ontario, Canada)
Can privilege be waived through inadvertent disclosure? (Ontario, Canada)
What is the impact of non-disclosure in the context of family law? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.