What documents relating to the matters in question should be disclosed in an affidavit?

Alberta, Canada


The following excerpt is from Lazin v. Ciba-Geigy Canada Ltd., 1976 ALTASCAD 58 (CanLII):

In my opinion reference in the present rule 188 to "what documents relating to the matters in question" means only the relevant portions of what might physically be called a document. If part only of a page is relevant then that is the document that must be disclosed in the affidavit. As stated in Williston and Rolls, Law of Civil Procedure at p. 898:- "If only part of a document is relevant the proper course is either to disclose only the relevant part or disclose the whole document with a claim to seal up the irrelevant part or the part which is not material may be covered up during the inspection." In my opinion this is a correct statement of the law. See cases cited by the authors and Royal Bank v. Wallis supra.

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