Can a co-defendant exclude a witness from a discovery?

Nova Scotia, Canada


The following excerpt is from Rowe v. Lee, 2006 NSSC 377 (CanLII):

In Croft v. Burrell, 1996 CarswellNS 268 (N.S.S.C.). Justice Goodfellow reviewed the law relating to the exclusion of witnesses from discovery examinations. At paras. 27 - 29 Justice Goodfellow commented as follows: There is an inherent prima facie entitlement of a party to attend all proceedings including the discovery of another party. If there is a violation or a threat of an essential of justice during the proceedings, a party may be excluded. There is nothing before me that warrants extinguishing the co-defendant’s entitlement to be in attendance at their respective discoveries even if the pleadings showed their examination will cover much of the same ground and that credibility is a factor. Such will not normally be sufficient to overcome the onus on a person seeking exclusion...

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