Resisting a subpoena as a non-party: When can oppression be put as a basis to set it aside?

Key Points:

Generally, the Court would balance the compliance costs of a subpoena with the public interest in having all relevant material made available to the parties.

Receiving a subpoena, as a non-party or third party to proceedings, can be a daunting and burdensome experience. Depending on the nature of the action and the scope of the documents requested in the subpoena, it may be possible to narrow the range of the documents or even have the subpoena set aside. One of the commonly argued grounds for setting aside a subpoena is that it is, by its nature or effect, "oppressive" on the receiving party.

What's a subpoena: a quick refresher

A subpoena is a Court Order requiring an addressee (the person it is addressed to) to attend court to give evidence or produce documents or things to the Court. It can be issued by either party to the proceedings or the Court and can require a party to: