The appellant, the Attorney General of Canada, appealed an order requiring it to respond to interrogatories and provide particulars of its legal position in a complex action brought by the respondent band.
The Divisional Court dismissed the appeal, holding that the Rules of Civil Procedure permit a party to be examined on its legal position to focus the issues and prevent surprise at trial.
The court found that the word 'matter' in the rules governing discovery is broad enough to include a party's position on a legal issue.
