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| Item No. | Recommendations | Statutory Provisions Affected | Relevant Clauses | ||||
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| 9. | Recommendation 75 The HCO should be amended to broaden the jurisdiction of the court under section 41 to order disclosure before commencement of proceedings to encompass all types of cases (and not merely cases involving personal injury and death claims). |
HCO :
DCO :
N.B. RHC Orders 24 and 62 also affected. See Item nos. 53-55 of Annex H. |
Clauses 13-15, 19 Clauses 16-18, 20 |
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| 10. | Recommendation 77 Orders for pre-action disclosure should relate to disclosure and inspection of specific documents or classes of documents which are "directly relevant" to the issues in the anticipated proceedings, being documents which would be likely to be relied on by the parties themselves or documents directly affecting adversely or directly supporting any party's case in the anticipated proceedings, the procedure for such applications being that prescribed by O 24 r 7A, subject to any necessary modifications. |
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| 11. | Recommendation 78 Section 42(1) of the HCO should be amended so that the court's jurisdiction to order pre-trial disclosure from persons who are not parties to the proceedings applies to all types of cases (and not merely to personal injury and death claims). |
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