Carfra Lawton LLP | Victoria BC

More Examination for Discovery in Cases Removed from Fast Track

The reasons in Brown v. Dhariwal 2013 BCSC 2419 were recently published. The plaintiff filed a notice of fast track. After an initial two hour examination for discovery of the plaintiff was carried out, the parties consented to an order removing the action from fast track.  The defendants brought a motion seeking seven further hours of discovery.

Although the rules do not specify what happens when a case is removed from fast track, the court found that the defendants were only entitled to a total of seven hours of examination including the time already spent under fast track. It would have been an unreasonable interpretation of the rules to allow the defendants more than seven hours total simply because the action was started as fast track.

This decision highlights that removing a case from fast track will usually trigger additional rights of examination for discovery, but not seven additional hours.

Case summary prepared by: Fareeha Qaiser