Discovery Procedure and Practice: Recent Developments

Abstract

The article reviews significant recent developments in civil procedure in Alberta. With respect to the examination of documents, the author looks at recent cases dealing with: "possession or power"; whether the cost of producing affects a party's obligation to produce; the consequences of failing to produce a document; the description of privileged documents; and what do and do not qualify as privileged documents. In terms of the examination of witnesses, the author surveys recent cases which deal with: whom may be examined (including the cases of corporate solicitors, spouses, advisors and consultants); compelling examination of witnesses outside the province; the scope of questioning allowed in discovery; the duty to inform; and the use of discovery evidence at trial, especially for the case of employees.