Is an examination for discovery required by way of videoconference rather than in person during COVID-19?

Ontario, Canada


The following excerpt is from Falsetto v. Falsetto, 2020 ONSC 3374 (CanLII):

Whether an examination for discovery ought to be required by way of videoconference rather than in person during the COVID-19 stipulations for social distancing was dealt with by Myers J. in Arconti v. Smith, 2020 ONSC 2782. As stated by Myers J.: 33 In my view, in 2020, use of readily available technology is part of the basic skillset required of civil litigators and courts. This is not new and, unlike the pandemic, did not arise on the sudden. However, the need for the court to operate during the pandemic has brought to the fore the availability of alternative processes and the imperative of technological competency. Efforts can and should be made to help people who remain uncomfortable to obtain any necessary training and education. Parties and counsel may require some delay to let one of both sides prepare to deal with unfamiliar surroundings.

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