Is a failure to complete document discovery an excuse for failing to attend an examination for discovery?
British Columbia, Canada
The following excerpt is from McIsaac v. Healthy Body Services Inc., 2007 BCSC 612 (CanLII):
There is no absolute rule that a failure to complete document discovery amounts to a lawful excuse for failing to attend on an examination for discovery. In Pearl v. Pacific Enercon Inc., [1983] B.C.J. No. 831 (C.A.) Esson J.A. said this at paras. 10 and 11:
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