What is the test for interrogatories in this Province?

British Columbia, Canada


The following excerpt is from Patrick et al. v. Telus Communications Inc., 2005 BCSC 1762 (CanLII):

In Tse-Ching v. Wesbild Holdings Ltd. (1994), 98 B.C.L.R. (2nd) 92, Baker J. described the purpose of and limitations on interrogatories in this Province. She said: 1. Interrogatories must be relevant to a matter in issue in the action. 2. Interrogatories are not to be in the nature of cross-examination. 3. Interrogatories should not include a demand for discovery of documents. 4. Interrogatories should not duplicate particulars. 5. Interrogatories should not be used to obtain the names of witnesses. 6. Interrogatories are narrower in scope than examinations for discovery. 7. The purpose of interrogatories is to enable the party delivering them to obtain admissions of fact in order to establish his case and to provide a foundation upon which cross-examination can proceed when examinations for discovery are held. 8. Interrogatories are only one means of discovery. The court may permit the party interrogated to defer its response until other discovery processes have been completed, including examinations for discovery.

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