Is there any case law or case law relating to reliance upon statements in examinations for discovery and records?

British Columbia, Canada


The following excerpt is from McLean v. Kraft, 2015 BCSC 2212 (CanLII):

I am mindful of the stresses of testifying in court regarding an event which caused pain and stress to a witness. I am also mindful of the law with regard to reliance upon statements in examinations for discovery and clinical records as set out in Edmondson v. Payer, 2011 BCSC 118 at paras. 32-33:

Other Questions


Can statements made to doctors as recorded in clinical records qualify as business records? (British Columbia, Canada)
Can a defendant continue to examine for discovery after an examination for discovery has been adjourned? (British Columbia, Canada)
Can counsel for the party being examined on examination for discovery interfere on cross-examination? (British Columbia, Canada)
What is the evidentiary significance of statements by a party recorded in a clinical record? (British Columbia, Canada)
Is a failure to complete document discovery an excuse for failing to attend an examination for discovery? (British Columbia, Canada)
Can a court order special costs for a defendant who altered records after the examination for discovery to bolster its claim? (British Columbia, Canada)
How have counsel for the examining party been advised to conduct their own examination for discovery? (British Columbia, Canada)
Is there an exception to a trial judge's ruling in a medical malpractice case where a physiotherapist and a treating physician recorded statements in a clinical record? (British Columbia, Canada)
What is the relevant case law in the context of an examination for discovery? (British Columbia, Canada)
How have courts considered viva voce evidence in an examination for discovery? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.