Can a subpoena be used as a disguised form of discovery?
Newfoundland and Labrador, Canada
The following excerpt is from Carroll (Re), 2010 NLCA 53 (CanLII):
A subpoena should not be used as a disguised form of discovery. It is not a demand to make a general disclosure of documents: Dalgleish v. Basu (1974), 1974 CanLII 913 (SK QB), 51 D.L.R. (3d) 309, per Bayda J. at p. 312. The use of documents produced pursuant to subpoena focuses on trial admissibility, engaging, amongst other things, questions of relevancy and materiality.
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