What is the scope of examination for discovery in a personal injury action?
British Columbia, Canada
The following excerpt is from No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCSC 339 (CanLII):
The scope of discovery is defined by the pleadings. Generally a wide scope is given on examination for discovery because of the nature of cross-examination. It will not always be apparent that a question will produce relevant evidence: Kendall v. Sun Life Assurance Company of Canada, 2010 BCSC 1556 at paras. 8 and 10. Kendall also stands for the proposition that in general unless a question is clearly irrelevant it should be answered and objections saved for trial. Applications of the kind before me add to the cost of litigation and should, as a rule, be avoided.
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