Can a court order that documents controlled by a non-party be made available?
Ontario, Canada
The following excerpt is from Kerzner v. Kerzner, 2013 ONSC 361 (CanLII):
Family Law Rule 19 (11) enables a court to order that documents controlled by a non-party be made available, where it would be unfair to a party to go on with the case without the documents in question. However, as noted by McGee J. in Santilli v. Piselli, [2010] No. 2067 (S.CJ.) at para. 12, “Suspicion and conjecture do not suffice” as a basis for ordering the production of documents under that Rule.
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