Which scenario may justify an application to set aside a notice to produce?

An application to set aside a notice to produce can be justified when the notice lacks precision. Notices to produce must be clear and specific about the documents requested to ensure that the party receiving the notice understands what is required. If a notice is ambiguous or too vague, it can place an undue burden on the party by making compliance difficult or uncertain. Therefore, if the notice was issued without precision, it provides a legitimate ground to challenge its validity and seek to set it aside.

In contrast, having documents deemed irrelevant does not necessarily merit setting aside the notice but rather pertains to issues of admissibility during the proceedings. Similarly, concerns about the number of documents requested—whether a notice contains too few—does not typically warrant a challenge. Lastly, a party's unfamiliarity with the documents does not hold legal weight for setting aside a notice, as the responsibility lies with the parties to manage their own documentation.