What is the test as to determine whether questions in dispute need to be answered?
Ontario, Canada
The following excerpt is from Wigle v. Vanderkruk, 2004 CanLII 4338 (ON SC):
The test as to whether the questions in dispute need to be answered is whether they bear “a semblance of relevance” to the issues in the action, in this case, the issue of damages. The ultimate reasonableness of the relevant issues is for the trial judge. A discovery of wide latitude should be permitted but there are limits. “Semblance of relevance” is not to be interpreted as an open door to harass a party by exploring all dealings that he may be involved in. The questions must relate to relevant issues. (Kay v. Posluns, 71 O.R. (2d) 238).
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