The evidence read in from the Discoveries is of a different nature. I have already said that Tsatsos applies to a narrow range of cases. The courts have recognized that there is some flexibility depending on the circumstances. In Wilson v. Boltezar, [1989] B.C.J. No. 592, the court (per Bouck J.) observed: Usually a plaintiff only reads into evidence those parts of the discovery of the defendant which assists his case. Now, the plaintiff elected to include as part of his case discovery evidence of the defendant which contradicts his claim. I must assume that counsel for the plaintiff read in the discovery on the instructions of his client. The weight of authority is to the effect that a plaintiff is not necessarily bound by reading in discovery evidence which is against him. It all depends upon the circumstances.
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