What rights does a witness have to be examined for discovery?
Alberta, Canada
The following excerpt is from Harcap Investments Inc. v. Alberta Permit Pro Inc., 2007 ABQB 590 (CanLII):
Witnesses have never been subject to examination for discovery. See Wilbur v. Miller, [2005] A.J. No. 750, 2005 ABCA 220. The parties may be examined for discovery. Officers, directors and employees (including former employees) of a corporation may be examined for discovery. Indeed, in Alberta, there is a right to examine present and past employees.
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