What is the test for relevance in discovery of documents in litigation?
Manitoba, Canada
The following excerpt is from Gateway Industries Ltd. v. Excess Markets Corporation et al, 2008 MBQB 278 (CanLII):
Discovery of documents in Manitoba litigation is governed primarily by Queen’s Bench Rule 30.02 The prevailing rationale respecting discovery is to avoid “trial by ambush” [see, for example, Mackness v. University of Manitoba Assn., [1995] M.J. No. 390]. Therefore, the threshold for relevance is a low one.
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