Can a deponent be asked about his knowledge about what is contained in a document that is not within his possession or power?
British Columbia, Canada
The following excerpt is from Chief Stanley Thomas v. R., 1997 CanLII 2031 (BC SC):
By the same token, it is also true that a deponent may not be asked about his knowledge about what is contained in documents that are not within his possession or power (Chingee v. The Queen in Right of British Columbia (1989) 38 C.P.C. (2d) 301). Thus, I would reject the argument of the plaintiffs that answers to the interrogatories should be deferred until after the examination for discovery and after the plaintiffs have had an opportunity to review the documents which may or may not be in the possession of Her Majesty the Queen in Right of British Columbia.
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