In what circumstances will Rule 30 of the Rules of Civil Procedure apply in a personal injury case?
British Columbia, Canada
The following excerpt is from Agesen v. ICBC, 2010 BCSC 428 (CanLII):
In citing Wildemann v. Webster, counsel for the defence argues that Rule 30 allows for the parties to be on an equal footing. That the Rules are designed to make sure that proceedings do proceed on the merits, that full disclosure is encouraged, and both parties have a fair opportunity to present their case.
Further, citing McDonnell v. Kumar, that the defence should not be restricted in their defence, or preparation for trial, “as long as there is some reasonable evidence which, if proven and accepted by the court, might play a part in its outcome.” (Paragraph 20).
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