In a solicitor's negligence claim seeking up to $400,000 in
damages, the plaintiff brought a motion pursuant to Rule 31.05.1
seeking leave of the Court to continue his examination of the
defendant solicitor for an additional three to five hours. The
defendant's prior examinations had taken place over three
separate days in 2009, 2011 and 2012. The Court considered the
factors on the motion to be: the amount in issue; the complexity of
the issues; the amount of time that ought reasonably to be
required; and the financial position of each party. The Court also
considered other reasons that should be taken into account in the
interest of justice. The Court concluded that a further brief
examination was required and ordered an additional of 2.5 hours of
discovery, for a total of approximately 11 hours, rather than the
standard 7 hours allowed under the Rules. The Court awarded partial
costs in the amount of $3,000.00, inclusive of HST and
disbursements in favour of the plaintiff.
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