The defendant in this action arising from a motor vehicle accident brought a motion to compel the plaintiff to attend for further examination for discovery. Justice Corthorn granted an additional two hours beyond the remaining time to complete the discovery. She reasoned that answers to undertakings given at the plaintiff’s initial examination for discovery contradicted the plaintiff’s evidence regarding his employment history. The plaintiff was in a position to correct his answers but waited eight months to do so (and appeared only to have made the corrections due to the approaching motion date). The plaintiff had delivered an expert report valuating the income loss claim at $11,000,000 and in the circumstances it was reasonable for the plaintiff’s examination for discovery to exceed seven hours. Justice Corthorn further held that the defendant was not required to provide the plaintiff with a list of questions in advance of the continued examination.
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