Does a party have a prima facie right to select the representative it wishes to examine?
British Columbia, Canada
The following excerpt is from Rossco Ventures Ltd. v. British Columbia, 2006 BCSC 212 (CanLII):
In other cases, it has been said that the party examining has a prima facie right to choose the representative it wishes to examine and that it is normally no answer to say that there might be someone more knowledgeable available. In MacDonald v. Roth (2000), 83 B.C.L.R. (3d) 171 (S.C.), 2000 BCSC 1670, Wong J. observed (at ¶ 26): Our Court of Appeal has consistently recognized that the examining party has “the right at first instance to select the representative who is to be examined”. In one decision adopted by our Court of Appeal, it was recognized that “serious injustice might be done if the right of examination for discovery was in any way to be regulated by the adverse party.
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