In what circumstances will a court grant an extension of discovery time to a witness who is not prepared to attend an examination?
British Columbia, Canada
The following excerpt is from CUV Ventures Corp. v Bank of Montreal, 2020 BCSC 1550 (CanLII):
In Gardner, the court, after concluding that the witness’ lack of preparation compromised the efficient conduct of his examination, granted an extension of four additional hours of examination for discovery time. As noted in Yahey v. British Columbia, 2018 BCSC 524 at para. 9, the court in considering these factors is to balance the benefit of a wide-ranging examination with the principle of proportionality.
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