Acts and Regulations

P-17.1 - Probate Court Act

Section 32
Disposition versions

Full text
Order to produce documents, order to attend for examination
32(1)Whether an action or other proceeding is or is not pending in the Court with respect to probate or administration, the Court may, on motion or other proceeding in a summary manner, order any person to produce and bring before the clerk, or otherwise as the Court directs, any paper or writing being or purporting to be testamentary, any document relating to securities, contracts or assets of the deceased, or any personal property of the deceased, that is shown to be in the possession or under the control of that person.
32(2)If it is not shown that the paper or writing is in the possession or under the control of that person, but it appears that there are reasonable grounds for believing that the person has knowledge of the paper or writing, the Court may direct that person to attend for the purpose of being examined
(a) in open court,
(b) before the clerk or such person as the Court directs, or
(c) upon interrogatories,
respecting the paper or writing and to produce and bring in such paper or writing, and such person is subject to the same process in case of default in not attending or in not answering questions or interrogatories or not bringing in the paper or writing as to those to which he would have been subject if he had been a party to a suit in the Court and had made such default, and the costs of such motion or other proceeding are in the discretion of the Court.