What is the test for interrogatories?

British Columbia, Canada


The following excerpt is from Wald v. Spencer, 1998 CanLII 5441 (BC SC):

Rule 29 of the Rules of Court provides that interrogatories may be directed to a party "relating to a matter in question in the action." In Tse-Ching v. Wesbild Holdings Ltd. (1994), 98 B.C.L.R. (2d) 92, at p. 97, Baker J. provided a useful summary of the requirements for and limitations on interrogatories: Interrogatories must be relevant to a matter in issue in the action. 1.Interrogatories are not to be in the nature of cross-examination. 2.Interrogatories should not include a demand for discovery of documents. 3.Interrogatories should not duplicate particulars. 4.Interrogatories should not be used to obtain the names of witnesses. 5.Interrogatories are narrower in scope than examinations for discovery. 6.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. 7.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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