Can a litigant be excused from an examination due to ill health?
Manitoba, Canada
The following excerpt is from Rumble v. Canada Permanent Trust, 1999 CanLII 14267 (MB QB):
Counsel for the parties cited several authorities touching on the question of the circumstances in which a litigant may be excused from being examined due to ill health. However, in Jobes v. Zolinski et al. (28 April 1999), (Man. C.A.) [unreported], the court reviewed the scope and effect of the new discovery rules and articulated principles that I find govern the disposition of this motion.
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