Translator's "Poor Performance" Gives Way to Further Examination for Discovery
The current BC Supreme Court Rules cap examinations for discovery in a conventional¬†prosecution at 7 hours unless the Court otherwise orders. ¬† Reasons for judgement were released recently by the BC Supreme Court, Victoria Registry,¬†addressing¬†one circumstance when prolonging this cap was¬†appropriate.
In the recent case (Dhami v. Bath) the Plaintiff attended 8 hours of discovery. ¬†A translator was used who “did a poor job“. ¬†The Court¬†exercised¬†its¬†discretion¬†to allow a further 2 hours of discovery and in doing so provided the following reasons:
¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†This application must be determined on the evidence before the court. The only evidence with respect to the examination itself are the excerpts revealing the translator’s poor performance which objectively interfered with counsel’s ability to conduct the examination in an efficient manner. Put another way, I find that the translator’s conduct made it reasonably impractical to complete the examination for discovery in the time spent to date.
¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†I am not persuaded that the examination of the plaintiff was concluded such that the defendant must meet the heavy onus suggested in¬†Hogg v. Hansen, 2007¬†BCSC 958, for a second examination. The additional two hours is allowed to the defendant to complete the one and only examination.