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.

Other Questions


What is the position of a non-party opposing the enforcement of a subpoena? (Newfoundland and Labrador, Canada)
Is it appropriate to delay questioning on a Discovery examination? (Newfoundland and Labrador, Canada)
Can a subpoena issued in a civil proceeding be quashed? (Newfoundland and Labrador, Canada)
What is the test for reducing damages under the lex fori? (Newfoundland and Labrador, Canada)
What factors, if any, should have been considered by the trial judge in the case of a plaintiff who refused to receive an injection to treat her arthritis? (Newfoundland and Labrador, Canada)
What is the test for balancing the convenience between the parties? (Newfoundland and Labrador, Canada)
What are the parties of arbitration or a judicial review of an arbitration award? (Newfoundland and Labrador, Canada)
Does the state of mind of the accused affect the admissibility of a statement by the police? (Newfoundland and Labrador, Canada)
How does section 810 of the Criminal Code interact with objective and subjective elements? (Newfoundland and Labrador, Canada)
What is the test for a judge to order that an appellant be released from custody pending appeal? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.