Sunday, 2 October 2011

BCSC: No Right to Second Discovery Under R. 7-2(2)

Rule 7-2(2) provides that, subject to parties' consent or a court order, “the examinations for discovery” are not to exceed 7 hours.  

In Humphrey v. McDonald, 2011 BCSC 1288, Madam Justice Gray explained that this does not mean that a party is entitled to conduct more than one discovery as long as the total length does not exceed 7 hours:

[9]             In my view, the use of the plural “examinations for discovery” has to be read in the context of the entire sub-rule. It makes reference to examinations under other sub-rules, which relate to re-examination in subsection (17), in subsection (22) to informing himself or herself and it being adjourned for that purpose, and subsection (24) continuing an examination for discovery following receiving a letter.
[10]         In my view, the sub-rule does not suggest that there should be more than one examination for discovery of a party. A party should be able to know whether they are finished with examinations for discovery or whether more are pending.

No loopholes here.