Can a defendant continue to examine for discovery after an examination for discovery has been adjourned?

British Columbia, Canada


The following excerpt is from Brown v. Dhariwal, 2013 BCSC 2419 (CanLII):

Indeed that was the conclusion of the Master in Li where at paras. 15 and 16 she writes: I am of the view that the examination for discovery was adjourned as contemplated by these rules. Thus, the defendant is entitled to continue its examination for discovery regarding questions left on the record and I am of the view that logically extends to questions based on documents requested at the discovery and subsequently produced. As the examination for discovery was not concluded, the heavy onus required to justify a further discovery referred to in Sutherland v. Lucas is not engaged. Given the extensive document production since the examination for discovery was conducted, I am also of the view that the defendant is entitled to continue its examination for discovery based on the new material, whether or not it was produced in accordance with a request left on the record.

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