What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure?
Alberta, Canada
The following excerpt is from The Blood Tribe v. Canada (Attorney General), 2010 ABCA 112 (CanLII):
Documents and records need to be disclosed if they are both relevant and material. Rule 186.1 provides: For the purpose of this Part, a question or record is relevant and material only if the answer to the question, or if the record, could reasonably be expected (a) to significantly help determine one or more of the issues raised in the pleadings, or (b) to ascertain evidence that could reasonably be expected to significantly help determine one or more of the issues raised in the pleadings. This court in Johnston v. Bryant, 2003 ABCA 169 (CanLII), 327 A.R. 378, noted at para. 12 that rule 186.1 is intended to limit the scope of discovery from what it was under previous rules.
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