What is the test for selecting a substitute for a party who has failed to demonstrate overwhelming prejudice?
British Columbia, Canada
The following excerpt is from Kaston v. Amex Bank of Canada et al, 2004 BCSC 809 (CanLII):
Generally, the choice of the examining party should only give way to a proposed substitute where the party to be examined demonstrates prejudice. In Macdonald v. Roth et al, 2000 BCSC 1670 at paras. 34 to 37, Wong J. stated that it is not enough to simply propose someone with more or better knowledge of the matters in issue. The chosen representative must demonstrate something more than insufficient knowledge to demonstrate prejudice capable of overcoming the prejudice associated with depriving the examining party of his choice. Wong J. referred to the need to demonstrate overwhelming prejudice.
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