What is the test for an examination for discovery?
British Columbia, Canada
The following excerpt is from Worts (Re), 1977 CanLII 340 (BC SC):
The general rule is that an examination for discovery is in the nature of a cross-examination except that it is limited to the issues raised by the pleadings and “any question is permissible the answer to which may be relevant to the issues” per Hunter C.J. in Hopper v. Dunsmuir (No. 2) (1903), 19 B.C.R. 23 at 27. The test is whether the answer “may” be relevant, not whether it “must” be relevant.
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