Tax Court of Canada Rules (General Procedure) (SOR/90-688a)

79. Nothing in sections 78 to 91 shall be taken as preventing parties to an appeal from agreeing to dispense with or limit the discovery of documents that they would otherwise be required to make to each other.

• 80. (1) At any time a party may deliver a notice to any other party, in whose pleadings or affidavit reference is made to a document requiring that other party to produce that document.

• (2) The party receiving the notice shall deliver, within ten days, a notice stating a place where the document may be inspected and copied during normal business hours or stating that the party objects to produce the document and the grounds of the objection. (Form 80)

• 81. (1) A party shall, within thirty days following the closing of the pleadings, file and serve on every other party a list of the documents of which the party has knowledge at that time that might be used in evidence,

  • (a) to establish or to assist in establishing any allegation of fact in any pleading filed by that party, or

  • (b) to rebut or to assist in rebutting any allegation of fact in any pleading filed by any other party.

• (2) A list of documents to be filed under this section shall be in Form 81.

• (3) A party who has failed to file and serve a list of documents within the time fixed by subsection (1) may, without leave, file and serve it after that time unless,

  • (a) a notice of motion for a judgment under section 91 has been filed, or

  • (b) an application to fix the time and place of hearing under subsection 123(1) has been filed or a date for hearing the appeal has been fixed by the Court,

  in which case, the party may apply for leave to file and serve the list.

• (4) A party who has failed to file and serve a list of documents within the period set by a judge pursuant to subparagraph 125(5)(a)(i) may file and serve it only with leave of the Court.

• 82. (1) The parties may agree or, in the absence of agreement, either party may apply to the Court for an order directing that each party shall file and serve on each other party a list of all the documents that are or have been in that party’s possession, control or power relevant to any matter in question between or among them in the appeal.

• (2) Where a list of documents is produced in compliance with this section, the list shall describe, in separate schedules, all documents relevant to any matter in issue in the appeal,

  • (a) that are in the party’s possession, control or power and that the party does not object to producing,

  • (b) that are or were in the party’s possession, control or power and for which the party claims privilege, and the grounds for the claim, and

  • (c) that were formerly in the party’s possession, control or power, but are no longer in the party’s possession, control or power, whether or not privilege is claimed for them, together with a statement of when and how the party lost possession or control of, or power over them and their present location.

• (3) A list of documents files and served under this section shall be in Form 82(3).

• (4) A list of documents made in compliance with this section shall be verified by affidavit (Forms 82(4)A and 82(4)(B),

  • (a) if the party is an individual, by the party unless that person is under a legal disability in which case the affidavit shall be made by that person’s representative;

  • (b) if the party is a corporation or any body or group of persons empowered by law to sue or to be sued, either in its own name or in the name of any officer or other person, by any member or officer of such corporation, body or group, and

  • (c) if the party is the Crown, by any departmental or other officer of the Crown nominated by the Deputy Attorney General of Canada.

• (5) The affidavit shall contain a statement that the party has never had possession, control or power of any document relevant to any matter in issue in the proceeding other than those included in the list.

• (6) The Court may direct a party to attend and be cross-examined on an affidavit delivered under this section.