By Craig Gillespie and Barbara E. Cotton

In Alberta, the rules that govern the discovery of records are RR. 186 ff. of the Rules of Court. Rule 186 defines “record” expansively. It includes the “physical representation or record of any information, data or other thing that is or is capable of being represented or reproduced visually or by sound”. If they are in their possession, custody or power , whether or not they are privileged , when the records are relevant and material, the parties have an obligation to disclose them by way of an affidavit of records.

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