What is the burden or onus of a party seeking the production of a document?

Nova Scotia, Canada


The following excerpt is from Dexter Construction Company Ltd. v. Nova Scotia (Attorney General), 2011 NSSC 92 (CanLII):

The burden or onus of demonstrating the relevance of a document is on a party seeking its production. See Crosby v. Fisher, [2002] N.S.J. No. 121

Under the 1972 Civil Procedure Rules, the basis upon which documents were ordered produced was on a standard of semblance of relevance: See Dowling v. Securicor Canada Limited 2003 NSCA 69, paras. 9 - 12.

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