Is this application for a continuation of the examination for discovery which took place in May 2014 dismissed?

British Columbia, Canada


The following excerpt is from Nordin v. Wong, 2015 BCSC 2356 (CanLII):

To the extent that this is an application for a continuation of the examination for discovery which took place in May of 2014, I am satisfied that it should be dismissed. In my view, the discovery in May 2014 was concluded and the decision in Li v. Oneil, 2013 BCSC 1449, is distinguishable on that point.

Counsel conducting the discovery stated it to be concluded. Responses have been provided to the outstanding document requests, and the defendant here concedes that nothing arises from the material which was so provided. Further, there is no continuation as of right once a matter is removed from fast track: Brown v. Dhariwal, 2013 BCSC 2419. No conditions were placed on the removal of the action from fast track, apparently it not being in the contemplation of the defendant at the time that they might require a further discovery.

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