The plaintiffs wished to examine the defendant in advance of an approaching mini-trial. Due to social distancing measures in place due to the COVID-19 pandemic, it was not possible for the examination to take place in person. The plaintiffs objected to a videoconference examination and requested a delay in the proceedings until the requirement for social distancing is ended. Justice Myers ordered that if the plaintiffs wished to examine the defendant in advance of the mini-trial, they were required to do so by videoconference. In his reasons, Justice Myers noted that the Rules of Civil Procedure have long-permitted the use of remote technology in any step of proceedings, and he encouraged counsel to embrace available technology in appropriate cases. In the absence of due process or fraud concerns, this was such a case.
