s 68 Rules as to notice to produce
68.—(1) Secondary evidence of the contents of the documents referred to in section 67(1)(a) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to that party’s solicitor, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the court considers reasonable under the circumstances of the case.(2) The notice mentioned in subsection (1) is not required in order to render secondary evidence admissible in any of the following cases or in any other case in which the court thinks fit to dispense with it:(a) when the document to be proved is itself a notice; (b) when from the nature of the case the adverse party must know that the adverse party will be required to produce it; (c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (d) when the adverse party or the adverse party’s agent has the original in court; (e) when the adverse party or the adverse party’s agent has admitted the loss of the document; (f) when the person in possession of the document is out of reach of or not subject to the process of the court. —(1) Secondary evidence of the contents of the documents referred to in section 67(1)(a) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to that party’s solicitor, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the court considers reasonable under the circumstances of the case. (2) The notice mentioned in subsection (1) is not required in order to render secondary evidence admissible in any of the following cases or in any other case in which the court thinks fit to dispense with it:(a) when the document to be proved is itself a notice; (b) when from the nature of the case the adverse party must know that the adverse party will be required to produce it; (c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (d) when the adverse party or the adverse party’s agent has the original in court; (e) when the adverse party or the adverse party’s agent has admitted the loss of the document; (f) when the person in possession of the document is out of reach of or not subject to the process of the court.