Does a party have a prima facie right to select the representative it wishes to examine?
British Columbia, Canada
The following excerpt is from Rossco Ventures Ltd. v. British Columbia, 2006 BCSC 212 (CanLII):
In other cases, it has been said that the party examining has a prima facie right to choose the representative it wishes to examine and that it is normally no answer to say that there might be someone more knowledgeable available. In MacDonald v. Roth (2000), 83 B.C.L.R. (3d) 171 (S.C.), 2000 BCSC 1670, Wong J. observed (at ¶ 26): Our Court of Appeal has consistently recognized that the examining party has “the right at first instance to select the representative who is to be examined”. In one decision adopted by our Court of Appeal, it was recognized that “serious injustice might be done if the right of examination for discovery was in any way to be regulated by the adverse party.
"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)
Can counsel for the party being examined on examination for discovery interfere on cross-examination? (British Columbia, Canada)
Does a representative plaintiff have to testify on behalf of the represented party when they are examined for discovery? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (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)
Do co-owners of a property have a prima facie right to partition and sell the property? (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)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
How have counsel for the examining party been advised to conduct their own examination for discovery? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
