Discovery and Inspection
Discovery of Documents
Definition of “document”
222. (1) In rules 223 to 232 and 295, “document” includes an audio recording, video recording, film, photograph, chart, graph, map, plan, survey, book of account, computer diskette and any other device on which information is recorded or stored.
(2) For the purposes of rules 223 to 232 and 295, a document of a party is relevant if the party intends to rely on it or if the document tends to adversely affect the party's case or to support another party's case.
Marginal note:Time for service of affidavit of documents
223. (1) Every party shall serve an affidavit of documents on every other party within 30 days after the close of pleadings.
(2) An affidavit of documents shall be in Form 223 and shall contain
(a) separate lists and descriptions of all relevant documents that
(i) are in the possession, power or control of the party and for which no privilege is claimed,
(ii) are or were in the possession, power or control of the party and for which privilege is claimed,
(iii) were but are no longer in the possession, power or control of the party and for which no privilege is claimed, and
(iv) the party believes are in the possession, power or control of a person who is not a party to the action;
(b) a statement of the grounds for each claim of privilege in respect of a document;
(c) a description of how the party lost possession, power or control of any document and its current location, as far as the party can determine;
(d) the identity of each person referred to in subparagraph (a)(iv), including the person's name and address, if known;
(e) a statement that the party is not aware of any relevant document, other than those that are listed in the affidavit or are or were in the possession, power or control of another party to the action; and
(f) an indication of the time and place at which the documents referred to in subparagraph (a)(i) may be inspected.
Marginal note:Document within party's power or control
(3) For the purposes of subsection (2), a document shall be considered to be within a party's power or control if
(a) the party is entitled to obtain the original document or a copy of it; and
(b) no adverse party is so entitled.
Marginal note:Bundle of documents
(4) A party may treat a bundle of documents as a single document for the purposes of an affidavit of documents if
(a) the documents are all of the same nature; and
(b) the bundle is described in sufficient detail to enable another party to clearly ascertain its contents.
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