The Examination For Discovery Time Limit: When Multiple Cases are Tried Together
Reasons for judgement were released last week by the BC Supreme Court, Victoria Registry, addressing the time limit for examinations for discovery when two actions are set for trial at the same time. In short the Court held that the Rules permit up to 14 hours of Plaintiff examination in these circumstances without the need for a Court Order.
In last week’s case (Campbell v. McDougall) the Plaintiff was involved in two separate motor vehicle collisions. She sued for damages in both actions. In the course of the lawsuit the Plaintiff was examined for discovery which was discontinued after 3.5 hours due to the Plaintiff’s fatigue. The discovery was reset and continued for a full day for a total of 10.5 hours of examination.
The Defendant wished to have 2.5 further hours of examination. The Plaintiff opposed and a Court application was brought. It appears the the parties worked out many of their differences prior to the hearing of the application but ultimately the Court ordered that the Plaintiff attend a further 2.5 hours.
In doing so Master Bouck provided the following comments with respect to the discovery ‘cap’ of 7 hours set out in Rule 7-2(2):
 In the end, the plaintiff could be required to undergo up to 14 hours of an examination under Rule 7-2 without the defence having to obtain leave of the court.
 In this case, the defence has chosen to have one counsel conduct an examination, but effectively with respect to both actions.
 There is a sound basis for requesting the “additional” examination time, particularly with respect to the plaintiff’s new employment status. While it seems unlikely that the court would grant leave to exceed the specified hour allotment simply when some new information comes to light, the plaintiff’s earning abilities and capacity forms a significant part of the overall claim. A very large monetary amount for that loss will probably be advanced. An additional 2½ hours (and still less than the allowable 14 hours) examination time is not out of proportion to the amount involved in this proceeding.
bc injury law, Campbell v. McDougall, examination for discovery, Master Bouck, Rule 7, Rule 7-2, Rule 7-2(2), Rule 7-2(3)
I simply want to say I am very new to blogging and certainly loved you’re web site. More than likely I’m going to bookmark your blog post . You surely have good well written articles. Thanks a lot for sharing with us your web site.
Thanks a bunch for sharing this with all people you really recognise what you are talking about! Bookmarked. Kindly additionally talk over with my website =). We may have a hyperlink change contract among us!
One important issue is that when you find yourself searching for a education loan you may find that you will want a cosigner. There are many scenarios where this is correct because you might find that you do not use a past credit ranking so the financial institution will require you have someone cosign the money for you. Great post.
I in addition to my pals have already been checking the great strategies located on your website and suddenly I had a horrible feeling I had not thanked the blog owner for those secrets. Those people were definitely so thrilled to see all of them and have actually been taking advantage of these things. Thank you for simply being quite thoughtful and also for settling on varieties of extraordinary themes millions of individuals are really desirous to be informed on. My personal honest apologies for not expressing appreciation to you earlier.
venta por catalogo
It’s truly a nice and helpful piece of info. I’m satisfied that you shared this useful information with us. Please keep us up to date like this. Thank you for sharing.
I absolutely love your blog and find most of your post’s to be exactly what I’m looking for. Does one offer guest writers to write content to suit your needs? I wouldn’t mind producing a post or elaborating on a few of the subjects you write concerning here. Again, awesome web site!
marcel van hooijdonk
This is really interesting, You’re an excessively professional blogger. I’ve joined your rss feed and look ahead to in quest of extra of your excellent post. Additionally, I have shared your site in my social networks!
Great blog here! Also your website loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol
situs poker online
That is really attention-grabbing, You’re a very professional blogger. I’ve joined your rss feed and look ahead to in quest of more of your excellent post. Additionally, I’ve shared your website in my social networks!
Hello there! I know this is somewhat off topic but I was wondering if you knew where I could get a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!
Wow! This could be one particular of the most helpful blogs We have ever arrive across on this subject. Actually Excellent. I am also a specialist in this topic therefore I can understand your hard work.
When I originally commented I clicked the -Notify me when new feedback are added- checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you possibly can take away me from that service? Thanks!
agen poker online
Hiya, I’m really glad I’ve found this information. Today bloggers publish just about gossips and internet and this is actually frustrating. A good site with interesting content, that is what I need. Thank you for keeping this web-site, I’ll be visiting it. Do you do newsletters? Can not find it.
I have learn several just right stuff here. Definitely worth bookmarking for revisiting. I wonder how a lot effort you put to make this kind of great informative web site.
Hello there! Do you use Twitter? I’d like to follow you if that would be ok. I’m undoubtedly enjoying your blog and look forward to new posts.
It’s truly a great and useful piece of information. I am satisfied that you simply shared this useful info with us. Please stay us up to date like this. Thanks for sharing.
My partner and I stumbled over here coming from a different web address and thought I should check things out. I like what I see so now i’m following you. Look forward to exploring your web page yet again.
Digital Marketing Manager Wien
Online Marketing Wien
I got what you mean , thanks for posting .Woh I am thankful to find this website through google. “Food is the most primitive form of comfort.” by Sheila Graham.
Great post however , I was wondering if you could write a litte more on this topic? I’d be very grateful if you could elaborate a little bit further. Many thanks!
Hey! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa? My site covers a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you might be interested feel free to send me an e-mail. I look forward to hearing from you! Wonderful blog by the way!
Hey! Someone in my Myspace group shared this website with us so I came to give it a look. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Exceptional blog and amazing design.
There are definitely a number of particulars like that to take into consideration. That could be a nice level to deliver up. I provide the ideas above as basic inspiration however clearly there are questions like the one you carry up the place a very powerful thing can be working in honest good faith. I don?t know if finest practices have emerged around things like that, however I’m positive that your job is clearly identified as a good game. Both boys and girls feel the impression of just a second’s pleasure, for the rest of their lives.
naturally like your web-site however you have to take a look at the spelling on several of your posts. Many of them are rife with spelling problems and I find it very bothersome to tell the truth nevertheless I will certainly come again again.
Well I definitely enjoyed reading it. This information procured by you is very effective for accurate planning.
Great post. I was checking continuously this blog and I am impressed! Very helpful info specially the last part 🙂 I care for such info a lot. I was seeking this certain info for a very long time. Thank you and good luck.
where to watch game of thrones
Do you have a spam issue on this blog; I also am a blogger, and I was wondering your situation; many of us have developed some nice methods and we are looking to trade techniques with others, please shoot me an email if interested.
Good write-up, I’m normal visitor of one’s site, maintain up the excellent operate, and It’s going to be a regular visitor for a lengthy time.
Opieka Nad Seniorami W Niemczech
I got what you mean , thankyou for posting .Woh I am happy to find this website through google. “Those who corrupt the public mind are just as evil as those who steal from the public.” by Theodor Wiesengrund Adorno.
naturally like your web-site but you have to check the spelling on several of your posts. Several of them are rife with spelling problems and I find it very bothersome to tell the truth nevertheless I’ll definitely come back again.
Thank you for your entire efforts on this site. Betty really loves doing investigations and it’s really easy to see why. I hear all of the lively mode you create practical guides through this web blog and as well as increase response from some others on that article so our child is without question becoming educated a lot. Take advantage of the rest of the year. Your performing a really good job.
live result hk
This is very open with a really clear explanation of the issues. It was truly informative. Your site is useful. Thank you for sharing!
Hello.This post was really remarkable, particularly because I was looking for thoughts on this subject last Tuesday.
Wow! Thank you! I always wanted to write on my site something like that. Can I take a fragment of your post to my blog?
custom alnico magnets
Very nice post. I just stumbled upon your weblog and wished to say that I have really enjoyed browsing your blog posts. After all I will be subscribing to your feed and I hope you write again soon!
Normally I don’t read post on blogs, however I wish to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thanks, very great post.
Hi, i think that i saw you visited my blog so i came to “return the favor”.I am trying to find things to improve my web site!I suppose its ok to use a few of your ideas!!
Thanks for the marvelous posting! I certainly enjoyed reading it, you will be a great author.I will be sure to bookmark your blog and may come back sometime soon. I want to encourage yourself to continue your great posts, have a nice afternoon!
Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! However, how could we communicate?
Seo Services Gorzow
I’ve been absent for a while, but now I remember why I used to love this website. Thanks, I’ll try and check back more often. How frequently you update your website?
I am really enjoying the theme/design of your blog. Do you ever run into any internet browser compatibility problems? A few of my blog readers have complained about my website not working correctly in Explorer but looks great in Firefox. Do you have any tips to help fix this problem?
I am so happy to read this. This is the kind of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this best doc.
obat kuat alami
Very good written post. It will be helpful to anyone who utilizes it, including me. Keep doing what you are doing – for sure i will check out more posts.
This is the correct blog for anyone who wants to find out about this topic. You understand so much its almost exhausting to argue with you (not that I truly would need…HaHa). You undoubtedly put a new spin on a subject thats been written about for years. Nice stuff, just nice!
Comments are closed.