Generally speaking a party to an action has the right to attend the entire trial or
the examinations for discovery of other parties to the action and exclusion of a party is an uncommon event, but appropriate in some circumstances.
However, because we have pursued the matter aggressively, the delay will be for a relatively short time, and
examinations for discovery of the Defendants will be proceeding on the following basis:
4 In the transcript of
the examination for discovery of a representative of the defendant it is acknowledged that General Motors of Canada is a corporation intimately related (sic) to General Motors Corporation, an American corporation.
[38] I question the possible utility or value of
any examination for discovery of Jorin, particularly in light of some of the medical conclusions I have identified.
[45] In all the circumstances, I do not consider that
an examination for discovery of Jorin would be appropriate, and I am unprepared to allow that examination to take place.
He sued the manufacturer and scheduled
an examination for discovery of an engineer employed with the Defendant.
Even after the action was commenced there was little activity in the action after
the examination for discovery of the defendant in January of 2010.
He argued that
the examination for discovery of Leadbetter and the mediation would have been done differently by the Minister had a jury notice been properly served.
Specifically, TREB alleged that Dale had provided the Competition Bureau with transcripts of
the examination for discovery of Don Richardson, TREB's CEO.
Not exact matches
After the opening scene - setting chapters, the reader is well rewarded with many nuggets: the story
of his tramps around France mapping its geology; his fortitude in redistil - ling pure water
for 101 days to prove that it would not turn into «earth» (he later proved that it consisted
of hydrogen and oxygen); his marriage; his tests
for tobacco adulteration; his brush with death at the gunpowder factory; his
examination of mesmerism; his tragic final years; and,
of course, his main
discoveries and contributions, including his exchanges with the English scientist Joseph Priestley.
Some material may relate to matters in issue; some may not... Most often [relevant] evidence will emerge from questions asked on a party's
examination for discovery about the existence and content
of the person's Facebook profile.
Superior court filing fees can cause hardship
for those with low incomes, as can the costs
of court reporters
for examinations for discovery and the reproduction
of documents
for disclosure.
At the time
of filing, I was
of the view that
examinations for discovery would be necessary because
of ICBC's position regarding worker - worker issue.
timely responses to communications by email and telephone timely production
of documents especially medical counsel
for plaintiffs advising their clients about early settlement and realistic expectations counsel
for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area
of law posturing and egotism on both sides claims
for punitive damages where none are warranted under law preparation
for significant events such as
examinations for discovery and motions accountability
for the consequences
of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)
If you or someone you know has been in an Ottawa accident, a good injury lawyer can help you to better understand your legal options, and help you navigate all aspects
of the legal process, including the
examination for discovery.
Sam has attended before all levels
of Court in Ontario, and has significant trial experience, as well as experience in all aspects
of pre-trial work including
examinations for discovery, interlocutory motions, pre-trials and mediation.
The basic purpose
of an
examination for discovery is to allow each party and their lawyers to learn about and understand the other side's case.
Garett has participated on complex litigation files with subject matter ranging from motor vehicle accidents to professional liability at all stages
of the litigation process including
examinations for discovery, mediations, pre-trial preparation and trial preparation.
I hope this information has given you an overview
of what to expect during your
examination for discovery.
Here is a series
of questions that the insurance defence lawyer may ask the Plaintiff at his
examination for discovery to establish that there is relevant information on the injured person's social media web pages.
He has extensive experience in the day to day handling
of a large volume litigation practice and has appeared as counsel at many
examinations for discovery, motions, mediations, arbitrations, trials and appeals.
Examination for discovery is an important component
of most civil lawsuits.
[54]
Examination for discovery evidence
of the plaintiff's mother confirms that the plaintiff is the only person in the family using the family computer between those hours.
Implied undertakings are routine to limit the use
of information acquired in
examination for discovery.
Parties may pursue further disclosure, compel
examinations for discovery and retain experts, and burden
of proof lies on party seeking results different than those previously recommended.
--
Examinations for discovery — Recovery
of Money — Future Timetable
The tort claim process typically includes the following steps: • Investigation
of the accident and evidence gathering / review (medical reports, witness statements, etc.) • Expert assessment
of the needs and damages
of the injured party • Provide an official statement
of claim • Receive statement
of defence • Prepare, submit, and receive affidavits
of documents
for all parties involved • Attend
examinations for discovery with your lawyer • Attempt to settle the tort claim out
of court by negotiating, mediating, or engaging in pre-trial measures • Trial
Following the delivery
of the Affidavits
of Documents, there will be
examinations for discovery in this matter.
Of most significance is the fact that before this application was set, plaintiff's counsel had advised that they were now available to accommodate the
examination for discovery occurring in early January.
It's how do we wan na handle... It's part
of the steps that we're going to do to put together questions
for examination for discovery for the sake
of example.
The lawyer also told the plaintiff to deactivate his Facebook account so that he could respond negatively to any question at
examinations for discovery regarding his ownership
of any Facebook account.
[63] A requirement
for evidentiary support recognizes the difference between the scope
of examination for discovery and the scope
of document
discovery under the present Rules and will allow considerations
of proportionality to be addressed in specific cases.
«It is hard to see that knowledge
of the claims people would have any effect on Mr. Fishman's train
of inquiry on that issue, including the handling
of examinations for discovery.»
«Knowledge
of how Manulife personnel perform in
examinations for discovery might provide a minor advantage.
But any lawyer who had previously done an
examination for discovery or cross-
examination in trial
of that witness would also have that insight,» said the judge.
For example, I remember getting up at the crack of dawn to drive 300 kilometres to an examination for discovery, only to repeat the process in the reverse direction at the end of the day, in rush hour traffic again, completely exhaust
For example, I remember getting up at the crack
of dawn to drive 300 kilometres to an
examination for discovery, only to repeat the process in the reverse direction at the end of the day, in rush hour traffic again, completely exhaust
for discovery, only to repeat the process in the reverse direction at the end
of the day, in rush hour traffic again, completely exhausted.
There are many subjects within the law, and within those subjects, there are many sub-subjects, some
of interest to practitioners primarily (e.g. «procedural strategies
for litigators»), and others only to clients (e.g. «what the
examination for discovery isn't»).
I was able to obtain a transcript
of an
examination for discovery (530 pages) from the court reporting service however it came as a Word document.
Upon completion
of her articles at a major insurance company, Ayla worked at a boutique litigation firm where she held carriage
of numerous client files and frequently attended at
examinations for discoveries, motions, mediations and prehearing conferences.
Earlier this year I highlighted judicial criticism
of a unilaterally scheduled
examination for discovery.
Master Muir commented that the new information regarding the subsequent accident may be a basis
for further oral
discovery of the plaintiff but was not a sufficient justification
for a further physical
examination.
20 Rule 25 - 14 (8)
of the Supreme Court Civil Rules provides the Court with discretion to direct
examination for discovery or provision
of documents in those matters
of administration
of estates.
Estate
of Patricia Connor deceased, 2016 BCSC 1934 dealt with the court ordering
examinations for discovery and production
of various documents in an action between half siblings
of the deceased and a purported spouse
of the deceased as inter alia the parties knew little to nothing about the other.
The Court
of Appeal set aside the dismissal where the plaintiff continued to move the action along, participated in
examinations for discovery before and after the action was dismissed, and actions taken by the defendants» counsel did not support actual prejudice or reliance on finality.
In most cases, we are able to settle the disability claim before
examination for discovery and sometimes within a month
of the denial.
5 It may be
of some importance to point out that by an order made May 14, 1986 the defendant was ordered to make inquiries
of General Motors Corporation with respect to certain answers referred to by the representative
of the defendant on his
examination for discovery.
This dramatization
of the early days in the history
of Facebook is told largely through flashbacks from
examination for discovery transcripts related to lawsuits between the founders
of Facebook, including Mark Zuckerberg (played by Jesse Eisenberg).
[20] In this case, although the offer was open
for only a relatively short period
of time, it was presented just before trial, when all
discovery of documents and
examinations for discovery had been completed, and when the issues had been fully aired in a Rule 18A application
for judgment brought by the defendants.
Similarly, the fact that her
examination for discovery only took place shortly before the trial does not appear to have been through any fault
of the defendant.
Most
of the pre-trial procedure has been completed, and the
examinations for discovery which have been conducted have fallen within the time limits set out in Rule 68.