What is the test for making a disclosure request?

In the context of disclosure of documents, there is a balance to be struck to achieve fairness by having regard to the probative value of the information, the value of the claim and the burden on the disclosing party. In Chernyakhovsky v. Chernyakovsky, [2005] O.J. No. 944 at paragraph 8, Justice Rogers wrote: “The courts must, however, be clear that the disclosure process cannot be used to cause delay or to reap tactical advantage. The court must consider the burden certain disclosure requests bring for the disclosing party. Is the probative value of the sought-after disclosure so great in relation to the difficulty of obtaining the disclosure that said disclosure would be ordered and sanctions imposed for failure to comply? How does the disclosure request fit into the overall context of the case? Is the issue for which disclosure is requested a central issue in the case? Or is it peripheral? Does the cost of obtaining the disclosure outweigh the value of the issue in the case? Is there a more expeditious and cheaper way of getting the same information? As the case develops, is the disclosure still related to an important issue in the case? As always, the court must balance these competing interests to ensure fairness.”