RSC Order 26 modified in actions commenced by writ
46 RSC Order 26 modified in actions commenced by writ
The RSC Order 26 applies to an action commenced by writ, subject to this rule.
Subject to any order made by the Court, each party to the action must give each other party discovery of all documents that are or have been in the party’s possession, custody or power relating to any matter in question in the action.
If a plaintiff in a personal injuries action is required under subrule (2) to give discovery of income tax returns, the plaintiff must discover the returns lodged by the plaintiff for, at least —
the financial year during which the incident pleaded as the cause of the personal injuries occurred; and
each of the 2 preceding financial years.
With the consent of each other party to the action, discovery may be by way of an informal list, but otherwise shall be by way of affidavit served on the other parties.
Discovery must be given by all parties within 60 days after a defence (or if there is more than one defendant, the first defence) is filed.
The RSC Order 26 rule 8(1) applies as if the reference to 7 days were amended to 14 days.
[Rule 46 amended: Gazette 31 Jul 2007 p. 3817.]
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