I. Roher

The plaintiffs brought a motion for directions regarding the proper scope of questioning when examining a non-party witness on a pending motion under Rule 39.03 of the Rules of Civil Procedure.

The court held that the scope of such an examination is limited solely to the personal knowledge of the witness.

A Rule 39.03 witness is not required to take reasonable steps to inform themselves prior to being examined, nor are they obliged to make enquiries of others if they cannot answer questions due to a lack of knowledge or recollection.

Following the dismissal of the plaintiff's action, the successful defendants sought costs on a substantial indemnity basis.

The court found that the plaintiff's conduct was not reprehensible and awarded costs on a partial indemnity basis.

The court reviewed the defendants' bills of costs, making reductions for excessive trial preparation time and for the defendants' failure to properly produce relevant documents before trial, which had necessitated a two-day adjournment.

Total costs of $784,276.99 were awarded to the defendants.