Can a party decline to attend for discovery if there has not been complete discovery of documents by both parties?

British Columbia, Canada


The following excerpt is from S.L.L. v. D.S.L., 2005 BCSC 1358 (CanLII):

Counsel advised they could not find authority on the point. I agree that there are few cases, but there are some. I would note the comments of the author of Discovery Practise in British Columbia [1] and the comments of Esson J.A. in Pearl v. Pacivic Enercon Inc. [2] (also a case of a party applying to compel the attendance of the other party after a default in appearance at the appointment) at para. 10: The issue resolves itself to this: Whether as a matter of principle a party can decline to attend for discovery if there has not been complete discovery of documents by the other side and complete production of all documents which should be disclosed and produced. In my view, there is no absolute rule to that effect. It is undoubtedly desirable in general that discovery of documents should be completed before oral discovery takes place but, especially in commercial litigation which regularly involves a large quantity of paper as to which there can be many varying opinions as to whether or not it is relevant, there must always be exceptions. It is almost inevitable that, on the examination for discovery of a party such as the defendant here, there will come to light the possibility that there are some relevant documents which have not been produced.

Other Questions


Is a failure to complete document discovery an excuse for failing to attend an examination for discovery? (British Columbia, Canada)
When is a party entitled to production of documents from a third party? (British Columbia, Canada)
What is the current state of the law in England and Wales on discovery by interrogatories and discovery of documents? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Can a party who improperly affixes a seal on a signed document rely on an unaltered copy of the same document later rely on another executed copy? (British Columbia, Canada)
Does a party have an obligation to ensure that the signing party reads and understands the terms of a document? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.