Can a party who puts the matter in issue have to provide the information at their own expense?

Nova Scotia, Canada


The following excerpt is from Kairos Community Development Ltd. v. Nova Scotia (Community Services), 2007 NSSC 330 (CanLII):

In Traverse v. Turnbull et al, supra, the party who put the matter in issue had to provide the information and at its own cost. In that case, it was the plaintiff who put her medical history in issue and was required to produce the documentation at her own expense. In this case, the statement of claim raised the issue but the defendant, in its defence in para. 5, referred to the plaintiff as one of several service providers providing services for disabled persons. Therefore, not only were other service providers referred to in the statement of claim but the services provided by others was put in issue by the defendant in its own defence.

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