The amount of information that may be uncovered during discovery can be significantly broadened by considering records and information held by non-parties. This paper explores several tools available to counsel that may be employed to compel production for non-parties during discovery, including: Norwich orders (r 5.13); introducing evidence from another action (r 6.11(1)(f)); and undertakings to obtain records from third parties (r 5.30(1)(b)). The paper also discusses questioning non-parties under rules 5.17, 5.18, and 6.8, and considers some of the limitations on these rules illustrated by case law.

This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.