Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p17
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 17/154)
Character Range: 256446–259148

may order that discovery be given by an electronic means.
 (5) If a party who is required to give discovery wants an order under paragraph 43(3)(h) of the Act, the party must file an affidavit stating:
 (a) the orders sought; and
 (b) the party's calculation of the cost of making discovery; and
 (c) why the orders should be made.
Note: Section 43 of the Act provides for the Court or a Judge to do any of the following in relation to discovery:
(i) order the party requesting discovery to pay in advance for some or all of the estimated cost of discovery;
(ii) order the party requesting discovery to give security for the payment of the cost of discovery;
(iii) make an order specifying the maximum cost that may be recovered for giving discovery or taking inspection.

20.14  Standard discovery
 (1) If the Court orders a party to give standard discovery, the party must give discovery of documents:
 (a) that are directly relevant to the issues raised by the pleadings or in the affidavits; and
 (b) of which, after a reasonable search, the party is aware; and
 (c) that are, or have been, in the party's control.
 (2) For paragraph (1)(a), the documents must meet at least one of the following criteria:
 (a) the documents are those on which the party intends to rely;
 (b) the documents adversely affect the party's own case;
 (c) the documents support another party's case;
 (d) the documents adversely affect another party's case.
 (3) For paragraph (1)(b), in making a reasonable search, a party may take into account the following:
 (a) the nature and complexity of the proceeding;
 (b) the number of documents involved;
 (c) the ease and cost of retrieving a document;
 (d) the significance of any document likely to be found;
 (e) any other relevant matter.
 (4) In this rule, a reference to an affidavit is a reference to:
 (a) an affidavit accompanying an originating application; and
 (b) an affidavit in response to the affidavit accompanying the originating application.
Note: Control is defined in the Dictionary.

20.15  Non‑standard and more extensive discovery
 (1) A party seeking an order for discovery (other than standard discovery) must identify the following:
 (a) any criteria mentioned in rules 20.14(1) and (2) that should not apply;
 (b) any other criteria that should apply;
 (c) whether the party seeks the use of categories of documents in the list of documents;
 (d) whether discovery should be given in an electronic format;
 (e) whether discovery should be given in accordance with a discovery plan.
 (2) An application by a party under subrule (1) must be accompanied by the following:
 (a) if categories of documents are sought—a list of the proposed categories;