Legal Blog

Examinations of Non-Resident Parties – Cost

Ali v. Gibbons 2017 Ont SCJ

Accident occurred in Ontario when plaintiff resided in Ontario. Plaintiff now resides in Saskatchewan. Rule 34.07 discusses what is to take place when a non-resident is examined for discovery. Since there was no question of the plaintiff being medically or otherwise incapable of travelling to Toronto and since the lawyers for the parties wanted the examination to take place in Toronto, the plaintiff was given 2 choices: be discovered in Saskatchewan by way of a videoconference, the cost of which would be split equally, or attend in Toronto with travel, meals, and accommodations to be shared equally.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.