The plaintiff brought a motion for leave under Rule 31.05.1 of the Rules of Civil Procedure to continue the examination for discovery of the defendant, his former lawyer, beyond the seven-hour limit.
The underlying action involved allegations of solicitor negligence regarding an improvident settlement of an accident benefits claim.
The court considered the complexity of the issues, the amount in dispute, and the interests of justice, concluding that an additional 2.5 hours of examination was warranted.
The motion was granted, and the defendant was ordered to pay partial indemnity costs.