Legal Question in Personal Injury in Canada
Examination for Discovery in Civil Law in Ontario, Canada
I am representing myself in a Civil lawsuit for bullying and harassment in the workplace. After about a year and a half, I collapsed at work and have not been back.
I have had my chance to question the Human Resources Manager, but, even though I mentioned the documents that were priviledged under Schedule B, I did not ask for them.
Is there a way to get them now? Is there a form?
Regards,
2 Answers from Attorneys
Re: Examination for Discovery in Civil Law in Ontario, Canada
Unfortunately, you cannot obtain access to the documents under Schedule B unless the other side is intending to rely on them at trial. That is why they are called privileged.
Pursuant to Rule 30.04(6) a Court may Inspect to Determine Claim of Privilege
(6) Where privilege is claimed for a document, the court may inspect the document to determine the validity of the claim. R.R.O. 1990, Reg. 194, r. 30.04 (6).
Good luck!
Re: Examination for Discovery in Civil Law in Ontario, Canada
This law firm can only deal with questions relating to British Columbia law. In B.C. there is no such thing a Schedule B to a document list. Please redirect the question to an Ontario lawyer.