Is a call to testify for discovery or production of documents in the way of discovery?
Alberta, Canada
The following excerpt is from Canada Deposit Insurance Corporation v. Code, 1988 ABCA 36 (CanLII):
One must also put aside cases involving a claim to an examination for discovery or production of documents in the way of discovery. As will be seen, it is often difficult to distinguish between a call to testify and a call to submit to discovery. Nevertheless, the distinction has existed in our law for a century. See Elder v. Carter (1890) 25 Q.B.D. 194.
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