In what circumstances will a plaintiff be examined for discovery in Chicago rather than Vancouver?
British Columbia, Canada
The following excerpt is from Hollinger Canadian Publishing Holdings Co. v. Mostad Publications Ltd., 2007 BCSC 1928 (CanLII):
In Lo, the court discussed the earlier decision of Verchere J. in Whitfield v. Thompson, [1977] B.C.J. No. 499 (S.C.). The defendant in that case sought an order that the plaintiff be examined for discovery in Chicago rather than Vancouver. The plaintiff had offered to come to Vancouver. Verchere J., in determining what was just and convenient, considered the cost of having the plaintiff attend in Vancouver, which would have been approximately one-quarter of the cost of having the examination in Chicago, particularly when taking into account the expense attendant upon her solicitor travelling to Chicago. Verchere J. also took into account the fact that the cause of action arose, and the litigation was being conducted, in Vancouver.
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