LWB431 Lecture Notes - Investment Fund, Gartner, Thalidomide
Document Summary
Disclosure is the delivery or production of documents in accordance with ch 7 pt 1: r. Disclosure is intended to prevent surprise at trial and give each party the opportunity to be appraised of the case to be met at the trial. In order to be subject to the obligation to disclose under r 211, the subject matter in question must be: Directly relevant to an allegation in issue in the pleadings (sub-s (1)(b)) or matter in the possession/under the control of the disclosing party: sub-s (1)(a); in issue in the proceeding: sub-s (1)(c). The duty is ongoing until the proceeding is decided: r 211(2), and an allegation remains in issue until withdrawn, struck out or admitted: r 211(3). Nb. r 239 request from other parties: r 222: the duty is subject to other laws dealing with withholding of a matter detrimental to the public interest: 222 inspection of documents referred to in pleadings or affidavits.
