Inspecting subpoenaed documents or things
99 Inspecting subpoenaed documents or things
On production to the registry of a document or thing stated in a subpoena, the registrar must hold the document or thing subject to the court’s direction and must not allow anyone to view the document or thing other than as directed by the court or under these rules.
A party may apply to the court to view, or view and copy, the document or thing produced.
An application under subrule (2) is an application in a proceeding for these rules.
Note—
See part 7, division 2 for how this application is to be made in a proceeding.
If the application is made by a person mentioned in the Adoption Act, section 239, the court may allow the person to view the document or thing produced only if the court is satisfied—
the document or information is relevant to a submission the person may make to the court under the Adoption Act, section 239; and
the person needs to view the document or information to make the submission; and
it is in the best interests of the child the subject of the proceeding for the person to view the document or information; and
each person to whom the document or information relates—
has been informed that the document or information may be viewed by the person; and
has been given a reasonable opportunity to make submissions to the court about the person being allowed to view the document or information.
The court may—
grant the application, with or without conditions, including that the document is to be—
redacted before it is to be disclosed; or
inspected only and not copied; or
disclosed only to the lawyers of a party; or
disclosed to an expert to be considered in a report; or
refuse the application.
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