What is the test for granting an independent examination under Rule 30(2) of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Garford v. Findlow, 2014 BCSC 2404 (CanLII):
Rule 30(2) is a discretionary rule, and the discretion must be exercised judicially. An independent examination is granted to ensure a “reasonable equality between the parties in the preparation of a case for trial”: Wildemann v. Webster at p. 11 from the separate concurring reasons of Chief Justice McEachern.
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