British Columbia Ferry Corp. v. Royal Vancouver ( The )
T-2547-92
Hargrave P.
29/3/95
8 pp.
Motion under R. 461 to order Master of Royal Vancouver to be examined on discovery within fourteen days--Issue of who should attend first to be examined on discovery not raised before in Court -- Plaintiff, generally having conduct of proceeding, should proceed first, subject to defendant showing real prejudice if not proceeding first -- Fairness, justness central concept to consider when deciding who should go first on examination for discovery -- R. 457(2) not evidence of bias of Rules toward defendant examining first -- Principle not who set down discovery first or who began discovery first but rather that of fairness -- Defendants, in leaving discovery languish for nearly twenty-two months, have not sought diligently to protect position or pursue case -- Plaintiff also less than diligent -- As precondition to proper discovery of defendants' witness on limitation of liability, fair and proper that plaintiff have quick discovery of Master of Royal Vancouver on liability -- Order allowing production of disclosed documents, by plaintiff, before examination of defendants -- Federal Court Rules, C.R.C., c. 663, RR. 457(2) (as am. by SOR/90-846, s. 15), 461 (as am. idem).