The words “relating to any matter in issue in the action” have been interpreted as meaning relevant to any issue in the action as defined by the pleadings or in the unfortunate words of Steele J. in Kay v. Posluns having a “semblance of relevancy”. I say unfortunate because the word “semblance” seems to many to import a concept of remote possibility of relevance that was not at all the intention of Steele J. if Kay v. Posluns is read in context. Steele J. was simply making the point that as the answer is not known in advance to the person asking the question, they must be allowed to pursue avenues of inquiry that may lead to relevant information even if the party resisting the question knows it is a dead end. I accept the dicta of Farley J. that the dictionary definition of “semblance” means appearance and the test is properly rendered as “apparently relevant”. Regardless of what word is used, latitude must be given to the examining party because he or she does not know the information known to the opposing party.
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