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r 16.01

Party to give discovery

In force
Chapter 1General Rules
Part 16Discovery and inspection of documents

16.01 Party to give discovery

(1) At the time of filing their respective statement of claim, originating application or notice of defence, each party must give discovery of documents by:

(a)

making and filing a list of the documents:

(i)

that are or have been in the party's possession; and

(ii) that relate to a matter in question between the parties in the proceedings; and

(b)

serving a copy of the list on each other party.

(2) A party to whom discovery of documents is to be given may serve on a party who must give discovery a notice in accordance with Form 16A requiring that party to make an affidavit verifying his or her list of documents.

(3) A party on whom a notice is served under subrule (2) must, not later than 14 days after service of the notice:

(a)

make and file an affidavit in compliance with the notice; and

(b)

serve a copy of the affidavit on the party who served the notice.

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