Marginal note:Undisclosed or privileged document
232 (1) Unless the Court orders otherwise or discovery of documents has been waived by the parties, no document shall be used in evidence unless it has been
(a) disclosed on a party's affidavit of documents as a document for which no privilege has been claimed;
(b) produced for inspection by a party, or a person examined on behalf of one of the parties, on or subsequent to examinations for discovery; or
(c) produced by a witness who is not, in the opinion of the Court, under control of the party.
Marginal note:Exception
(2) Subsection (1) does not apply to a document that is used solely as a foundation for, or as a part of a question in, cross-examination or re-examination.
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