Robertson v. Edmonton (City) Police Service (#9), 2004 ABQB 243 (CanLII)

  • March 29, 2004

Date: 2004-03-29 Docket: 010316123 Frans F. Slatter J. | Link

"There is little authority on whether drafts are automatically producible in an ordinary civil context when the final document is producible. The production of the final version presumes that the final document is material, relevant and not too remote to the issues. The test must be whether the draft is also relevant and material, which must in turn depend on whether some relevant inference can be drawn from the differences between the draft and the final version. In some cases the draft might be relevant itself, as when it discloses that the party knew something, or when it first knew that fact. Here it is suggested that differences between the various drafts will be relevant." (para 60)