The plaintiff brought a motion to compel the 90-year-old defendant to complete his oral examination for discovery via Zoom.
The defendant opposed, citing advanced age, health issues, and alleged misconduct by plaintiff's counsel during the initial discovery.
The court found the medical evidence to be unpersuasive hearsay and rejected the allegations of counsel misconduct as scandalous and unsupported by the transcript.
The court held that the defendant failed to meet the high onus required to be excused from oral discovery and ordered the examination to resume with accommodations.
