What is the standard for disclosure of documents pursuant to Rule 6(1)(d and 5)?
Canada (Federal), Canada
The following excerpt is from Clegg v. Air Canada, 2017 CHRT 27 (CanLII):
It is well-established by case law, and not in dispute on this motion, that the standard for the disclosure of documents pursuant to Rule 6(1)(d) and (5) is that the documents be arguably relevant to a fact, issue or form of relief sought, or identified by other parties. To be arguably relevant, there must be a nexus or rational connection between the document sought to be disclosed and a fact, issue or form of relief sought or identified by other parties (Seeley v. Canadian National Railway, 2013 CHRT 18(“Seeley”), at para. 6).
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