Discovery from non-party

Question 1

When can discovery from a non-party happen?

Answer 1

1.to identify D

P has a cause of action but unsure who is the correct D
* Applicant has made reasonable inquiries and is unable to identify the defendant to bring a proceeding against;
* Appears that a person has relevant documents or knowledge to assist identify;
* Court could order that a person attend court for oral examination regarding defendant’s identity (not used to gather evidence – just for identifying)

2. discovery from - non -party
   * Court may order discovery from a person who is not a party and in respect of whom appears that the person has or is likely to have or has had in that person’s possession any document which relates to any question in the proceeding.
3. Discovery from a prospective D
   * P is not sure whether he/she has a cause of action
   * Can seek discovery from prospective defendant – should enable a person to make an informed decision about whether to commence proceedings against a known defendant.

IN THE FORMAT OF AN OM