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PRACTICE AND PROCEDURE - Discovery - Scope of examination

Monday, June 03, 2019 @ 10:56 AM  

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Appeal by Delano from the dismissal of her motion seeking to compel the respondent to answer a question refused at his discovery examination. The respondent was involved in a three-vehicle collision. During the respondent’s discovery examination, his counsel objected to providing a sketch of the intersection. The motions judge upheld the objection, finding the Civil Procedure Rules only required witnesses to give evidence but not make evidence.

HELD: Appeal allowed. The motions judge’s interpretation of Rule 18.13(1) of the Rules of Civil Procedure was incorrect. Asking the respondent at the discovery examination to supplement his answer with a sketch was well within the Rule. It was wholly consistent with what the Rules were intended to achieve, being answers that provided relevant evidence and the just, speedy and inexpensive resolution of the proceeding. The motions judge’s interpretation and restriction of the meaning of “answer” to a verbal answer only frustrated those goals.

Delano v. Gendron, [2019] N.S.J. No. 169, Nova Scotia Court of Appeal, D.R. Beveridge, D.P.S. Farrar and A.S. Derrick JJ.A., April 26, 2019. Digest No. TLD-June32019002