Can a party opposing a Rule 28 application have standing to argue the actual merits of the application?
British Columbia, Canada
The following excerpt is from Polianskaia v. Melanson, 2011 BCSC 1742 (CanLII):
The court in Black v. Gust acknowledges that all parties of record must receive notice of a Rule 28 application. However, no other parties should have standing to argue the actual merits of the application. This ruling is based on the principle that there is no property in a witness. As such, another party could not have any reason to object to the proposed examination: para. 11.
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