Can a defendant be excluded from an examination for discovery of a representative?
Ontario, Canada
The following excerpt is from D’Onofrio v. Kaszas, 2019 ONSC 11 (CanLII):
In York University v. Markicevic, the plaintiff University sought to exclude the defendant from the examination for discovery of its representative, on the basis of the defendant's alleged history of insulting, abusive and threatening behaviour towards the deponent in an employment context and a letter from the deponent's treating psychiatrist.
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