What are the requirements for a party to produce all documents that are or have been in their possession or control and that could be used at trial to prove or disprove a material fact?
British Columbia, Canada
The following excerpt is from Farquhar v. Farquhar, 2015 BCSC 1935 (CanLII):
Under Rule 9-1(1), a party is required to list all documents that are or have been in the party’s possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact. A “material fact” is one that when resolved, will have legal consequences to the parties: Jones v. Donaghey, 2011 BCCA 6.
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