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,


Asked on 11/01/07, 7:28 pm

2 Answers from Attorneys

Tiziana Parente Gluckstein & Associates LLP

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!

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Answered on 11/02/07, 9:20 am
Donald McLeod Donald R. McLeod Law Corp.

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.

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Answered on 11/01/07, 7:44 pm


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