Précis: The British Columbia Supreme Court permitted portions of a deceased master’s discovery evidence to be admitted at trial.
Full SummaryO'Leary v. Ragone, 2021 FC 185
Précis The Federal Court denied granting an order for production of provincial police and crown information relating to a high-profile vessel collision.
Full SummaryOffshore Interiors Inc. v. Worldspan Marine Inc., 2017 FC 479
Précis: The court permitted the filing of a supplementary affidavit and addressed questions relating the scope of cross-examinations and documents to be produced.
Full SummaryWebasto (Hagedorn) v. Shasta Equities Ltd. (The Helios), 2013 FC 101, 2015 FCA 135
Précis: The Federal Court of Appeal held that preliminary investigation reports were not privileged even though counsel had been retained.
Full SummaryGalerie au Chocolat Inc. v. Orient Overseas Container Line Ltd., 2010 FC 327 (CanLII)
Technically this was an application to appeal a case management order of a prothonotary, however, it raised issues relating to discovery. Specifically, the defendant had requested a case management conference to address whether the plaintiff had failed to provide satisfactory answers to requests/undertakings given at discovery. The prothonotary refused the request and ordered the defendant to produce a pre-trial conference …
Full SummaryThe Administrator of the Ship-Source Oil Pollution Fund v. The "Anangel Splendour",, 2006 FCA 212
This was an action by the Administrator of the Ship-Source Oil Pollution Fund to recover pollution clean-up costs it had paid to two claimants, QCM and the Department of Fisheries and Oceans (DFO), pursuant to the statutory scheme in the Marine Liability Act. The Defendant brought this motion for an order that the Administrator put forward as its discovery representatives …
Full SummaryThyssenkrupp Materials NA Inc. v. The "Stewart Island", 2005 FC 23
The Plaintiff brought this application for leave to examine the Chief Engineer of the Defendant vessel under Rule 238 of the Federal Court Rules, 1998. The Prothonotary at first instance accepted that the Chief Engineer had relevant information and that his examination would not cause undue delay, inconvenience or expense but nevertheless denied the application on the grounds that the …
Full SummaryN.M. Patterson & Sons Limited v. The St. Lawrence Seaway Mgt. Corp., 2004 FCA 210
This was an appeal from a motion in which a solicitor was found in contempt of court for disclosing to the media information obtained on examination for discovery. The appeal was dismissed. This important case reminds practitioners that documents and information received through the discovery process are subject to an implied obligation of confidentiality. Such documents and information may not …
Full SummarySeaspan International Ltd. et al. v. The Ship "Ewa", 2004 FC 124
This was a motion by the Defendant to compel the re-attendance of various discovery witnesses to answer questions which had been refused at examinations for discovery. The questions related generally to claims and settlement agreements as between the Plaintiffs and sought the production of any settlement agreements. As a preliminary point the Prothonotary considered whether the scope of production of …
Full SummarySeatech Construction Ltd. v. "Inlet Challenger", 2003 FC 1186
This was an application by the Defendant for an order that the Plaintiff’s representative re-attend to answer questions objected to at the examination for discovery. The case involved a claim by the Plaintiff for damage to a barge towed from Campbell River to Mimmo Bay. The Plaintiff was not required to answer questions related to its prior practices or that …
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