Nash v. Sanjel Cementers Ltd.
T-2827-96
Hargrave P.
9/9/99
13 pp.
Motion for directions pursuant to Federal Court Rules, 1998, r. 54: plaintiff seeking back-to-back examinations for discovery, with no appreciable time between first discovery of defendant's witness and second discovery of plaintiff; defendant seeking either to have patent agent familiar with file present at examinations, or break following discovery of defendant so that counsel may obtain transcript, seek professional advice from patent agent-Plaintiff referring to r. 54, permitting litigants to seek procedural directions-Directions not dealing with issue, but with conduct of proceeding-Questions herein mixed: procedural question of practice of back-to-back discovery versus spaced discovery within scope of r. 54, versus issue of who may attend discovery-Defendant attending discovery with witness and patent agent-Plaintiff objecting to presence of patent agent, who has not been qualified as expert-By r. 236(2), defendant may have discovery at any time after statement of claim filed by merely serving r. 91(1) direction to attend-Rules not anywhere hampering discretion to set discovery-Defendant not bound by any convention, rule to hold discoveries back-to-back-May schedule discovery as wishes-Defendant succeeding in having patent agent attend on discovery-Alternative of break between discoveries reasonable, proper-In contrast to trial, discovery private procedure-Rules, procedures applying to discovery designed to provide efficient, effective procedure-End of discovery to avoid ambush at trial-Discovery process must be fair to both sides-To accomplish these ends, counsel may wish to bring to discovery process resource person, specialist, or expert assistant in some relevant area-Such expert assistant contributing to just, speedy, expeditious discovery, discovery which will secure ends of justice, save client money-Defendant may have either remedy-Federal Court Rules, 1998, SOR/98-106, rr. 54, 91, 236.