What is the test for relevance in the discovery and production context of a document that is in the hands of a non-party?

Ontario, Canada


The following excerpt is from Regional Municipality of Halton v. Ohashi, 2021 ONSC 6780 (CanLII):

It has been held that when production of documents is sought and they are in the hands of a non-party, the test for relevance is higher than in the discovery context: Walker v. Doxtator, 2018 ONSC 2112, at para. 12.

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