Supreme Court Rules 2000

If it appears to the Court or a judge that there are grounds for a belief that a discoverable document or class of discoverable documents may be, or may have been, in the possession of a party, the Court or a judge may order that party to make, file and serve an affidavit.

An affidavit is to state – whether that document or any document of that class is, or has been, in his or her possession, custody or power; and if the document is not in his or her possession, custody or power, when he or she parted with it and what has become of it.

An order may be made under subrule (1), notwithstanding that the party against whom it is made has made, or has been required to make, a list of documents or an affidavit verifying a list of documents.