What is the test for taking minutes of evidence at a civil trial?

British Columbia, Canada


The following excerpt is from Noble v. Wong, 1983 CanLII 173 (BC CA):

In Hall v. Strocel, Vancouver No. 3801012, 14th June 1982 (unreported), the reasons for the decision of the learned registrar read in part as follows: I have no doubt, because the item is not qualified in any way, that "preparation" means preparation from the moment that instructions are first taken by counsel and it follows and I am satisfied anyway that taking minutes of evidence of witnesses does not mean taking minutes of evidence only during the few weeks or days before trial when counsel sits down to do the final work of getting his client's case ready, but means taking minutes at all stages of a proceeding, including taking initial statements from eye witnesses or others.

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