What is the test for substitute a substitute representative?
British Columbia, Canada
The following excerpt is from Canadian National Railway Company et al v. The Owners and All Others Interested in the Ship EVCO 70 et al, 2005 BCSC 1837 (CanLII):
Reference was also made to the decision of MacDonald v. Roth, a decision of Mr. Justice Wong, [2000] B.C.J. 2309; 2000 BCSC 1670, He concludes the test to substitute a representative, as opposed to the one chosen by the party wishing to examine, is to show real and overwhelming prejudice.
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