Tax Court of Canada Rules (General Procedure)

82 (1) The parties may agree or, in the absence of agreement, either party may apply to the Court for a judgment directing that each party shall file and serve on each other party a list of all the documents which are or have been in that party’s possession, control or power relating 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 relating 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 disability in which case the affidavit shall be made by that person’s tutor, curator, litigation guardian or committee,

• (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 relating 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.