Can a Plaintiff withdraw a portion of an examination for discovery after it has been put in evidence?
Alberta, Canada
The following excerpt is from Marathon Canada Limited v. Enron Canada Corp., 2008 ABQB 408 (CanLII):
A contrary decision was reached in Kapelus v. University of British Columbia [1998] BCJ 1559 under the B.C. Rules: A Plaintiff does not have the right to withdraw a portion of an examination for discovery after it has been put in evidence; she is bound by her decision to put in that evidence
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