The appellants appealed an order granting the respondent leave to examine a hostile, out-of-jurisdiction witness before trial pursuant to Rule 36.01(2).
The motions judge had ordered the examination to be videotaped but denied further conditions.
The Divisional Court agreed the examination was warranted but allowed the appeal in part, ordering that a judge be present during the examination to resolve anticipated objections and privilege issues given the witness's hostility.
