What is the test for producing material collected in anticipation of litigation?

British Columbia, Canada


The following excerpt is from Steeves v. Rapanos, 1982 CanLII 727 (BC SC):

It is only material collected in "anticipation of litigation" that is subject to the rule. When it is acquired in the ordinary course of business, it must be produced: Spaulding v. Denton (1975), 68 F.R.D. 342 (D. Del.) (Bender: para. 1.75).

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