The BC Supreme Court Rules, which used to be open ended with respect to examinations for discovery, now have time limits in place with the Court retaining discretion to extend these limits in appropriate circumstances.
Unreported reasons for judgement were recently released considering and denying such an application with the Court suggesting counsel “focus” their remaining time appropriately.
In the recent case (Ross v. Casimong) the Plaintiff was injured in a 2009 collision and sued for damages. The claim was prosecuted in the usual course (outside of fast track) with the present Rules allowing 7 hours of discovery. The Plaintiff was examined twice with approximately 44 minutes of the allotted 7 hours remaining. Defence counsel brought an application seeking a further discovery and allowing up to two hours to finish the job. The Court dismissed the application noting a focused discovery could canvass what was needed in the remaining time. In dismissing the application Master Dick provided the following reasons: