The litigant who seeks to excuse their failure to attend an examination for discovery by disclosing only an edited letter from their lawyer rather than the entire letter." (0) The litigant was required to produce the entire letter.
Viewed from the perspective of prejudice to the opposing party, it does not seem defensible that an answer that opposing counsel has managed to extract at an examination for discovery should then provide a platform to argue that solicitor-client privilege has been impliedly waived.
Alberta Rules of Court 5.17-5.33 deal with Questioning (formally known as Examination for Discovery
Rules of Court compels a litigant to answer all relevant questions posed on an examination for discovery
. Failure to do so can result in punishment by way of imprisonment or fine pursuant to Rules 56(1), 56(4) and 2(5).
In civil lawsuits, examination for discovery
allows lawyers for both sides to question witnesses as they seek information needed to prepare the case for trial.
An examination for discovery
is where each party is asked questions, under oath, by the other party's lawyer.
Since the general procedure often involves more complex tax issues, an exchange of documents and the examination for discovery
process, a lawyer should be retained to ensure all required documents are precisely drafted and that the rules of evidence and procedure are appropriately followed at discovery and trial.
Consider this question taken from the transcript of a wife's examination for discovery