Parties of Record Have Standing To Address Pre Trial Witness Examination Orders
Reasons for judgement were released this week (Brooks v. Abbey Adelaide Holdings Inc.) considering the procedural question of whether a party of record has standing to make submissions during an opposing party’s application for an order compelling the pre-trial examination of a witness. In short the Court held that all parties of record have standing to make submissions during these applications although the standing is limited. In reaching this decision Master Young provided the following reasons:
[1] THE COURT: I have been asked to decide whether a party to an action has standing in a hearing of an application by another party to examine a witness prior to trial under Rule 7-5 of our new Supreme Court Civil Rules.
[2] Apparently there is no authority on this point under the new Civil Rules..
[12] I find that the party has a right to make submissions on the scope and the duration of the examination as it relates to relevance and proportionality.
[13] So I find that they have limited standing. They do not have standing to object to a witness being questioned, because I think that infringes the common law right of property to a witness. But I do find that they do have standing to address procedural issues, proportionality issues and issues of privilege.
[14] Having said that then, I will allow the plaintiff to make submissions of the application.