What is the test for producing material that is not relevant?
Nova Scotia, Canada
The following excerpt is from Kairos Community Development Ltd. v. Nova Scotia (Community Services), 2007 NSSC 330 (CanLII):
The onus is on the party seeking production to establish that it is relevant. Matthews, J.A. said in Upham v. You, supra, (p. 3): The respondent must demonstrate that it is relevant.
As the court said in Crosby v. Fisher [2002] N.S.J. No. 121, (S.C.) in para. 4: 4 ... The onus of establishing relevance is on the party seeking production. That is the first onus.
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