PRACTICE |
S & M Brands, Inc. v. Paul
T-99-01
2003 FC 1035, Blais J.
5/9/03
8 pp.
Motion by defendants to allow Normand Gobeil and Christine Gobeil to represent them and assist their counsel at out-of-court discovery of Steven Bailey--Clear from evidence submitted to Court that inability of defendants to understand English when discovery of plaintiff's representative would take place in English serious handicap which could cause some injury-- In Nash v. Sanjel Cementers Ltd. (1999), 2 C.P.R. (4th) 528 (F.C.T.D.), Hargrave P. said: "In certain circumstances, an expert may attend to advise on a discovery, but there are other categories of people who often, by agreement or order, may attend to facilitate a smooth running and efficient discovery"--Mr. and Ms. Gobeil fall into "other categories"--Also in Nash, prothonotary said that "yet one must keep in mind that the rules and procedures applying to discovery are designed to provide an efficient and effective procedure. In addition, an end of discovery is to avoid any ambush at trial"--In case at bar, clearly not an attempt by Mr. and Ms. Gobeil to interfere in case that does not concern them, but instead to respond favourably to request by one of parties to assist counsel with their consent--Particular situation in this case and arguments that presence of Mr. and Ms. Gobeil will expedite discovery process, with defendant's consent, are arguments which carry weight--Consequently, defendant's motion seems to be valid--Court ordering Normand Gobeil and Christine Gobeil be authorized to assist counsel for defendants at discovery of plaintiff's representative.