What is the test for determining the scope of discovery in a personal injury case?
British Columbia, Canada
The following excerpt is from Graham v. Hession, 1983 CanLII 624 (BC SC):
In Manzke v. Thompson (1969), 1969 CanLII 1042 (BC SC), 70 W.W.R. 766 (B.C.S.C), His Honour Tyrwhitt-Drake L.J.S.C. observed: One basic principle which runs through all these authorities is that the scope of discovery is to be limited by the issues in the case. While pleadings are universally referred to as the means by which issues are defined, they are not the only means…It is the issues in the case which limit the scope of discovery…not the method by which they are defined.
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