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Edwards v. McCarthy, 2012 ONSC 6833 (Rule 31.05.1 – time for discovery)

Judgment Released: December 4, 2012  Link to Judgment

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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