What is the test for an examination on discovery?
Ontario, Canada
The following excerpt is from Nikbakht v. Mailling, 2007 CanLII 9760 (ON SC):
The law allows a fairly wide latitude with respect to questions on examinations for discovery. The test of “semblance of relevance” is clearly set out in Kay v. Posluns (1989), 71 O.R. (2nd ) 238 (H.C.) and is the applicable test in the present case. On a motion such as this, the motions judge must determine if the information requested has a semblance of relevance by looking at the claims made in the action, together with any other evidence filed on the motion, including the examination on discovery.
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