Is an adverse in interest party entitled to examine an infant for discovery?
British Columbia, Canada
The following excerpt is from Dann-Mills v. Tessier, 2015 BCSC 386 (CanLII):
The applicant’s central proposition is that the right to conduct an examination for discovery of a party arises as a matter of right; see Halabus v. Taekema, 2007 BCSC 113 at para. 6. The applicant argues that this right extends to examination for discovery of parties that are infants. The applicant further argues that the language of R. 7-2(8) is conjunctive, and entitles a party adverse in interest to examine an infant party, his or her guardian and his or her litigation guardian. The only potential exception to the “right” to examine an infant for discovery, the applicant says, is found in R. 7-2(9), which pertains to mentally incompetent persons and would extend to mentally incompetent infants.
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