Can a party opposing a Rule 28 application have standing to argue the actual merits of the application?
British Columbia, Canada
The following excerpt is from Polianskaia v. Melanson, 2011 BCSC 1742 (CanLII):
The court in Black v. Gust acknowledges that all parties of record must receive notice of a Rule 28 application. However, no other parties should have standing to argue the actual merits of the application. This ruling is based on the principle that there is no property in a witness. As such, another party could not have any reason to object to the proposed examination: para. 11.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the proper notice of an application for an injunction against an opposing party? (British Columbia, Canada)
What is the proper procedure for counsel for the prevailing party in an ex parte application to obtain an order from the affected party? (British Columbia, Canada)
Can a non-party party to a Treaty 8 application joinder to the same issue at a later date? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the test for adding a party to an application to add a party? (British Columbia, Canada)
