In what circumstances will the court order the production of statements taken by opposing parties?

British Columbia, Canada


The following excerpt is from Oswell v. 488780 B.C. Ltd., 1998 CanLII 4346 (BC SC):

In the decision Zapf v. Muckalt [1995] B.C.J. No. 536 Mr. Justice Low refused to order the production of statements taken from witnesses and stated at paragraph 14: A litigant must take reasonable steps to interview witnesses before seeking to have the court remove a privilege that attaches to statements taken from those witnesses by an opposing party. There is no evidence that the plaintiff took any such steps in this case.

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