What is the test for making a formal request for documents under Family Law Rule 19?
Ontario, Canada
The following excerpt is from Bailey v. Bailey, 2012 ONSC 2486 (CanLII):
In Matthys v. Foody 2009 Carswell Ont. 3791 Mackinnon J. reviewed the purpose of Family Law Rule 19 and stated: In my view the words also encompass the ability of a party to make a formal request for documents from a non-party with the expectation that the request, reasonably made, will be granted. A non-party should be expected to entertain a reasonable request with knowledge of the law, including the courts ability on proper notice to order production from the non-party pursuant to Family Law Rule 19(11). Legal Privilege
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