Effectively using the discovery process is key to reaching settlement or getting the edge at trial
This publication is essential for: All civil litigators.
Current to: February 1, 2016
This annually updated manual arms you with the strategies and practice tools to effectively discover your opponent's case, while revealing what is appropriate about your own. Written by experienced litigator Lyle G. Harris, QC, Discovery Practice in British Columbia guides you to:
- asking the right questions and making effective objections at the examination
- strategies for obtaining and giving effective document production
- asserting and attacking privilege claims
- effectively using discovery evidence at trial
- and much more
Subscriptions include checklists, forms, and precedents on CD-ROM, and online access with search capability and links to the full text of case law and legislation.
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Highlights of the 2016 update:
The year 2015 was a busy one for the courts in hearing cases relating to the extent and scope of the many forms of discovery. The 2016 Update to Discovery Practice in British Columbia includes all the most significant decisions from the BC Supreme Court and the Court of Appeal, including judicial commentary on the following topics:
- the scope of document discovery: whether there is an evidentiary threshold before disclosure is required for malicious prosecution; resisting document production by asserting privacy rights
- the scope of the claim of privilege over documents: lawyer’s brief privilege; when privilege is waived by a lawyer deposing an affidavit; Crown immunity; common interest privilege; parties may agree on a “Litigation Contemplation” date
- the examination for discovery: when co-parties with a common interest may examine separate representatives; when a court may order additional or further time to examine
- discovery by interrogatories: the correct form or interrogatory; appropriateness when answer requires knowledge not within the addressee’s experience
- discovery by physical and mental examination: appropriate travel costs for out-of-town medical appointments; circumstances under which more examinations by different specialists will be allowed
- use of discovery evidence at trial: who may tender discovery evidence at trial
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CLEBC Legal Editor