- (1)
- If:
- (a)
- a non-party does not comply with rule 13.35; or
- (b)
- a person makes an objection under rule 13.39;
a requesting party may apply for an order for the non-party's compliance or
for a decision about the objection.
- (2)
- A party making an application under
subrule (1) must satisfy the court:
- (a)
- of the matters set out in
rule 13.33; and
- (b)
- that the order is necessary for disposing of the case or an issue, or
reducing costs.
- (3)
- A party may only apply for an order under subrule (2) after the final
resolution event, except in exceptional circumstances.
- (4)
- If an objection under rule 13.39 is upheld, the requesting party may be
ordered to pay the costs of the person who made the objection.