Discovery

Question 1

What are the purposes of discovery? (Small Claims Court)

Answer 1

• enable the parties to know the case to be met
• obtain admissions to enable a party to dispense with formal proof
• obtain admissions that may hurt an opponent’s case
• facilitate settlement and trials
• eliminate or narrow issues
• avoid surprise at trial

Question 2

Which Paralegal Rule outlines the requirements for Paralegals re discovery?

Answer 2

Rule 4.01(6)

Question 3

What does Rule 4.01(6) require of paralegals re discovery?

Answer 3

A paralegal acting as an advocate, where a tribunal requires parties to disclose documents, shall:
- explain to their client the necessity of making FULL disclosure of all documents relating to any matter in issue, and the duty to answer to the best of their knowledge any proper question relating to any issue in the action
- assist the client in fulfilling their obligation to make full disclosure, and
- shall not make frivolous requests for the production of documents or demands for information

Question 4

The definition of document includes

Answer 4

data or information stored in an electronic form

Question 5

What is a settlement conference?

Answer 5

A mandatory, pre-trial meeting between all of the parties. To provide full disclosure between parties of the relevant facts and evidence

Question 6

What do the Rules require that parties do before a settlement conference?

Answer 6

each party is to serve on all other parties and file with the court 14 days prior to the settlement conference copies of all documents not attached to the pleadings upon which the party intends to rely at trial, including expert witness reports and a list of proposed witnesses

Question 7

to achieve full disclosure before trial, rule 18.02(1) imposes an obligation on all parties to

Answer 7

serve any written statements, documents and records to be relied on at trial at least 30 days prior to the trial date

Question 8

The Crown may refuse to produce a document on the ground that the production of the document would ne

Answer 8

injurious to the public interest.

Question 9

What are the general categories of class privelege?

Answer 9

• lawyer and client communications
• litigation privelege
• settlement-communication privelege

Question 10

what are the two kinds of privelege?

Answer 10

class privelege and case by case privelege

Question 11

What is the importance of the decision in Chancey v Dharmadi?

Answer 11

the court found that paralegal-client privilege exists on a case by case basis by applying the Wigmore test

Question 12

The onus of establishing that a particular document or communication is subject to privelege rests with

Answer 12

the party resisting production and claiming privilege

Question 13

When a client voluntarily testifies as a witness to a confidential communication between the client and their lawyer, the client thereby waives

Answer 13

the privileged character of such communication, and both the client and the lawyer may be fully examined about it