What is the test for leave to examine a non-party for discovery?
Ontario, Canada
The following excerpt is from Liu v. Chan, 2021 ONSC 5075 (CanLII):
Rule 31.10 (2) sets out the test for leave to examine a non-party for discovery. The moving party must establish that the information could not be obtained from other persons whom the moving party is entitled to examine for discovery and that it would be unfair to require the moving party to proceed to trial without having the opportunity of examining the non-party. The moving party must also establish that there is a good reason to believe that the non-party has information relevant to the material issue.: Hopkins v. Robert Green Equipment Sales Ltd., 2018 ONSC 998, at para. 6.
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