What is the test for an application for answers to interrogatories?
British Columbia, Canada
The following excerpt is from The Signature Group et al. v. Robb- Moghari et al., 2007 BCSC 124 (CanLII):
Dealing first with the application for answers to interrogatories, in my view, it should be dismissed. The “interrogatories” are not in proper form. They are phrased as “assignments or orders” rather than questions: Tse-Ching v. Wesbild Holdings Ltd. (1994), 98 B.C.L.R. (2d) 92 (S.C.). In addition, they were served prior to the expiration of the time for delivery of the statement of defence, contrary to Rule 29(3). I note that the utility of proceeding by way of interrogatories, at this point, with the defendant’s examination for discovery imminent, is doubtful.
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