Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict?
Alberta, Canada
The following excerpt is from 3557537 Canada Inc. v. Howard, 2011 ABQB 212 (CanLII):
The rule has been held to have limited application in civil proceedings where the point addressed was clearly in issue in the pleadings or discovery process so that it could not be a surprise that the evidence of the two parties were in conflict in relation to it. Martin v. McCoy (1993) A. J. No. 405.
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