The Peruvian Guano Rule

Last revised July 29, 2026

The "Peruvian Guano Rule" governs the establishment of relevance with respect to the disclosure of documents in an action and refers to criteria set in Cie Financière et Commerciale du Pacifique v. Peruvian Guano Co. (1882), 11 Q.B.D. 55.

When the BC Supreme Court Rules, BC Reg 221/90, were repealed and replaced in 2010 with the BC Supreme Court Civil Rules, BC Reg 168/2009, and the BC Supreme Court Family Rules, BC Reg 169/2009, the editors of the BC Annual Practice stated that one of the key features of the new rules was:

Limits on discovery - the scope of document production has been reduced and examinations for discovery are limited to seven hours, unless the court orders otherwise.  Witness lists must be exchanged.  Interrogatories are available only by consent or court order.  The scope of document production has been reduced.  Peruvian Guano is mortally wounded if not already dead.

The British Columbia Civil Trial Handbook describes the test for document disclosure as it related to the 2010 rules change:

The Supreme Court Civil Rules no longer start with the Peruvian Guano test, though they do permit an order for disclosure at that heightened standard, if appropriate (Rule 7-1(11)). The Rules cast aside the Peruvian Guano test to avoid the cost of listing and producing a large volume of documents that may not be relevant to the issues in the case.

Content reviewed July 29, 2026