LAW OF OBLIGATION ACT, PART 10, CHAPTER 50

Chapter 50

PRESENTATION OF THING 

  • 1014. Requirement to present thing

A person who has a claim with respect to a thing against the possessor of the thing, or a person who wishes to check the existence or absence of such claim may demand that the possessor present the thing or allow the thing to be examined if the person has a legitimate interest therein.

  • 1015. Examination of documents

A person who has a legitimate interest in examining a document which is in the possession of another person may demand that the possessor of the document allow the document to be examined if the document has been prepared in the interests of the person who wishes to examine the document or if the document sets out a legal relationship between such person and the possessor of the document or the preparation of a transaction between those persons.

  • 1016. Place of presentation of thing or document

A thing or document shall be presented or the examination thereof shall be allowed at the location of the thing or document. Both parties may require that a thing or a document be presented or that examination thereof be allowed at another location if they have good reason for doing so.

  • 1017. Risks and costs

The risks and costs involved in presenting a thing or document or allowing a thing or document to be examined shall be borne by the person who demands the presentation or examination. The possessor may refuse to present the thing or document or allow it to be examined until costs are paid and security is granted against risks involved in the presentation or in allowing the examination.

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