Sentences with phrase «ordering examinations for discovery»

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.

Not exact matches

Counsel pointed out that at the plaintiff's examination for discovery in July 2011, she was asked questions pertaining to liability, including whether she had consumed alcohol or drugs prior to the accident; whether she was familiar with the location where the accident happened; whether her vehicle had been properly maintained and was in proper working order and whether she had a valid driver's licence at the time.

The plaintiff has failed to comply with court orders on several occasions, has failed to produce relevant documentation upon numerous and repeated requests by the defendants, has failed to participate in examinations for discovery in good faith, and has failed to attend court appearances, such as the recent trial management conference.

Here, the plaintiff sought to schedule mediation in order to set a matter down for trial without having completed examinations for discovery.

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.

(46) If otherwise admissible, the evidence given on an examination for discovery by a party... may be tendered in evidence at trial by any party adverse in interest, unless the court otherwise orders, but the evidence is admissible against the following persons only:

[6] The Rules do not specifically address this issue, but it has certainly been the practice in this province that only the parties and their legal representatives may attend examinations for discovery in the absence of consent or an order of the court.

An order was then made concerning production of electronic documents, and Ms. Ahadi was required to submit to further oral examination for discovery.

The master ordered the plaintiffs to post security for costs in the amount of $ 30,000 for the litigation up to and including examinations for discovery.

(2) In an order under subsection (1), the Court may give directions regarding the procedures to be followed, including those applicable to examinations for discovery and the discovery of documents.

In the recent decision of Casella Wines PTY Limited v. Constellation Brands Canada, Inc., 2015 FC 403, the defendant in a trademark dispute sought a bifurcation order after examinations for discovery.

The plaintiff in its motion, which is not supported by any affidavit material setting out its motive, seeks leave to send the transcripts of the examinations for discovery to the police in order that an investigation can be carried out, and presumably charges laid, if there are reasonable and probable grounds to believe that an offence has been committed.

Master Champagne stated that «there is no doubt that the examination of a non-party should rarely be ordered» and stressed the fact that her «decision turned on the volume of information that would be subject to questions and undertakings given the Plaintiff's memory impairment -LRB-...) and should in no way be taken to be an erosion of the Rules or an opening for the broadening of the discovery of non-parties.»

At any time after the filing of a joint case conference report, or not sooner than 10 days after a party has filed a separate case conference report, or upon order by the court or discovery commissioner, any party who has complied with Rule 16.1 (a)(1) may obtain discovery by one or more of the following additional methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property under Rule 34 or Rule 45 (a)(1)(C), for inspection and other purposes; physical and mental examinations; and requests for admission.

The purposes of an examination for discovery have been well described by Mr. Justice Trainor in Ontario Bean Producers Marketing Board v. W.G. Thompson & Sons (1981), 32 O.R. (2d) 69 (H.C.J.) as: (1) to enable the examining party to know the opponent's case; (2) to obtain admissions in order to dispense with formal proof or destroy