What is the scope of an application under Rule 26(11) for production of documents in the hands of third parties?
British Columbia, Canada
The following excerpt is from Gichuru v. The Law Society of British Columbia, 2007 BCSC 1767 (CanLII):
The difference between the scope of 26(11) for production of documents in the hands of third parties and applications under Rule 29 is essentially that under Rule 26(11) there is no requirement that the parties seeking disclosure establish relevance. He or she need only establish that the documents sought may relate to the matters in issue and that the application for such documents not be a fishing expedition. It is clear from Dufault v. Stevens that the compass of Rule 26(11) is sufficiently wide to include documents which may relate to matters in issue, but have no other utility than to provide a line of inquiry and are not of themselves relevant to any fact in issue. Moreover, there is discretion to refuse production where the value in disclosing the document is overcome by its adverse effect its disclosure would have upon a non party.
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