(MCCJA s 171)
(1) If an affidavit filed by a party (the filing party ) to a proceeding mentions a document, another party (the notice party ) may, by notice to produce served on the filing party, require the filing party to produce the document for inspection.
Note If a form is approved under the Act, s 96 (Approved forms) for a notice, the form must be used.
(2) If a notice to produce a document is served on the filing party, the filing party must, within 4 days after the day of service, serve on the notice party a notice—
(a) stating a time, within 7 days after the day of service of the notice under this subregulation, when, and a place where, the document may be inspected; or
(b) claiming that the document is privileged from production and adequately stating the grounds of the privilege; or
(c) stating that the document is not in his or her possession and stating, to the best of his or her knowledge, information and belief, where the document is and in whose possession it is.
Note If a form is approved under the Act, s 96 (Approved forms) for a notice, the form must be used.