What is the test for the relevance of a question at an Examination for Discovery?

New Brunswick, Canada


The following excerpt is from Sparks v. Dubé, 2011 NBQB 40 (CanLII):

It is important to note that this proceeding is at the pre-Examination for Discovery stage. Thus, among other things, the legal focus is on creating a pre-trial environment that promotes the full disclosure of information in the hope that it may establish an environment conducive to settlement prior to trial. The necessary connection of the sought after information to the proceeding is based on the requisite degree of relevance at this stage of the proceeding. See: Seely v. Corrier [2006] N.B.J. No. 6 (N.B.C.A.) per Drapeau C.J. at paragraphs 27-8. What that degree of relevance must rise to in terms of appropriate questioning at an Examination for Discovery was explained by the Chief Justice at paragraph 28: Thus, a question meets the relational requirement if it touches upon a subject having a "semblance of relevance.”

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