What is the law with respect to whether further examination for discovery can be ordered during the course of a trial?

British Columbia, Canada


The following excerpt is from T.W.N.A. et al v. Clarke et al, 2000 BCSC 773 (CanLII):

The law with respect to whether further examination for discovery may be ordered during the trial is set out in McFall v. Vancouver Exhibition Assn. (1942), 58 B.C.R. 290, in which Farris C.J.S.C. said at p. 292: … that an order for examination for discovery could not be made during the course of the trial, but if there was discretion in the judge to order such examination that the discretion should only be exercised in most exceptional circumstances…

Other Questions


Can counsel for the party being examined on examination for discovery interfere on cross-examination? (British Columbia, Canada)
Under Rule 30(1) of the Rules of Court, can an independent medical examination be ordered for the purposes of determining whether an individual is fit for trial? (British Columbia, Canada)
What is the test to apply to consider whether irregular or improper proceedings at trial should result in the ordering of a new trial? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Can a defendant continue to examine for discovery after an examination for discovery has been adjourned? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What is the submission of the Respondent on an interim order to order a primary parent to continue as the primary parent of the child pending trial? (British Columbia, Canada)
If evidence from examination for discovery is properly tendered, will the court order otherwise? (British Columbia, Canada)
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.