Shinwa Kaiun K.K. v. Queen of Alberni ( The )
T-659-92
Hargrave P.
27/8/97
4 pp.
Whether defendant British Columbia Ferry Corp.'s discovery witness required, in order to answer plaintiff's discovery questions, to locate and inform himself from past employees, apparently now all retired-Before introduction of R. 458(2) in December 1990, standard was best efforts level, for if party had, with reasonable effort, ability to find answer, by consulting with former employee, it ought to be diligent in doing so-In December 1990, R. 458(2) required discovery witness to make reasonable inquiries of present and former officers, servants, agents and employees-Defendant's witness herein concluded defendant did not know location of any of three former employees, on basis of little or perhaps no research by defendant-Defendant directed to use best efforts, in immediate future, to locate three former employees and to obtain requested information from each-In event of inability either to locate witnesses or to obtain their co-operation, defendant shall provide explanation by way of filed affidavit-Federal Court Rules, C.R.C., c. 663, R. 458(2) (as am. by SOR/90846, s. 15).