Failure to give discovery or allow inspection
12.09 Failure to give discovery or allow inspection
(1) If a party fails to give discovery or to allow inspection of documents in accordance with this Part, the Court may:
order the party to give discovery or allow inspection;
(b) if the party is a worker or applicant – dismiss the proceeding; or
if the party is an employer or respondent – make an order:
striking out the appearance or notice of defence; or
(ii) permitting the worker or applicant to proceed as if an appearance or notice of defence had not been filed.
(2) If the Court makes an order under subrule (1)(c), the worker or applicant may apply for default judgment under Part 21 and, if applicable, for compensation or other relief to be assessed.
(3) If a party applies for an order under subrule (1), and the other party claims that the document is privileged from production or objects to production on another ground, the Court may inspect the document to decide the validity of the claim or objection.
(4) An application for an order under this rule is to be filed and served not later than 28 days before the date fixed for the hearing of the proceeding.
Part 13 Interrogatories
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