Can an examination for discovery be used as evidence against the party who conducted the examination?
Alberta, Canada
The following excerpt is from Paquin v. Gainers Inc., 1989 CanLII 3204 (AB QB):
In the case Johnson v. Birkett (1910), 21 O.L.R. 319 (H.C.), a rule was enunciated to the effect that a party cannot use his examination for discovery as evidence against the party who conducted the examination and that there is nothing in the rules that would change that after the deponent dies. In that case the court set out its reasons for the rule as follows [p. 325]: (1) the evidence could not be used at any stage of the action … upon any proceeding in the lifetime of the witness; (2) an examination for discovery is not an affidavit, so … [the Rules with respect to affidavits do not apply]; and (3) the Rules provide for the use to be made of the examination of another…
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the rule of discovery be applied in civil proceedings where the evidence of the opposing parties are in conflict? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Can a Plaintiff withdraw a portion of an examination for discovery after it has been put in evidence? (Alberta, Canada)
Is a call to testify for discovery or production of documents in the way of discovery? (Alberta, Canada)
Is a court bound by law to award costs in favour of the successful party against the unsuccessful party? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
Would the admission of the balloons in evidence constitute judicial condonation of unacceptable conduct by the investigatory or prosecutorial agencies? (Alberta, Canada)
What is the test for accepting as true the evidence of a witness who has not been cross-examined? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
What entitlement does the Court have to examine evidence that is not in the record? (Alberta, Canada)
