How have courts dealt with an application by consent for a desk order for production of documents in the possession of third parties?
British Columbia, Canada
The following excerpt is from Ross v. Henriques, 2007 BCSC 1381 (CanLII):
In Taber v. Fritz the parties had applied by consent for a desk order under then Rule 44(13), for the production of documents in the possession of third parties. Those documents were again clinical records and hospital records as well as employment records. Although the parties had consented to the order the order itself was not endorsed by the third parties who had possession of the documents.
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