PRACTICE |
Foliot v. Heartwood Manufacturing Ltd.
T-1125-02
2002 FCT 996, Blais J.
24/9/02
5 pp.
Out-of-court examination--Motion to amend direction-- Plaintiff requesting cross-examinations on affidavits, to be held from September 16 to 18, be conducted instead by teleconference at 5:00 p.m on September 24, 25, 26 or 27 under Federal Court Rules, 1998, r. 88--Motion dismissed-- R. 90 states where out-of-court examination must be conducted--R. 88 gives Court discretion to order examination conducted by any other form of electronic communication-- R. 90 general rule, r. 88 exception--Party invoking exception must prove exceptional circumstances to justify not following general rule--Plaintiff arguing cost of sending lawyer from Quebec to Alberta and British Columbia exorbitant, but not calculating costs or showing party unable to pay--Plaintiff failed to establish necessity to depart from general rule-- Federal Court Rules, 1998, SOR/98-106, rr. 88, 90.