When will the court be prepared to dispense with examination for discovery of a party?
Ontario, Canada
The following excerpt is from Latner v. Latner-Assaraf, 2010 ONSC 3141 (CanLII):
The only case tendered by either party in which the court considered when it would be prepared to dispense with examination for discovery of a party in any form was McGowan v. Haslehurst 1977 CarswellOnt 307. There, Steele J. overturned the decision of the local master who had set aside a notice of examination on grounds that the plaintiff’s mental incompetence would substantially negate the worthiness of his testimony.
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