Digests

Tamko Roofing Products, Inc. v. Ideal Roofing Co. Ltd.

T-426-00

2002 FCT 14, Giles A.S.P.

7/1/02

4 pp.

Motion to grant plaintiff leave to videotape examination for discovery of René Laplante as representative of defendant--Video recording used in Courts to provide best possible evidence when evidence de bene esse, commission evidence necessary--Fairly produced video tape with written transcript provides better evidence before Court than written transcript of evidence alone--Purpose of discovery to enable party to discover before trial case to meet at trial, to secure admissions which will save him from having to offer formal proof of facts--Fact that video recorded evidence better evidence than transcript alone if discovery answers to be used at trial to discredit witness, must be measured against probability video recorded evidence would never be used at trial--While useful to delineate, simplify issues to be tried, discovery one of most onerous aspects of litigation, may be principal force in favour of arbitration, other alternative dispute resolution procedures--No step should be taken to increase burden of discovery if no definite need be satisfied--No need for videotape evidence shown--Motion dismissed.