The plaintiff moved for a further examination for discovery of the corporate representative of the New Vector defendants.
The initial examination was aborted because the representative produced had no personal knowledge, failed to prepare, and defence counsel improperly obstructed questioning.
The court found that the defendant's conduct in thwarting discovery constituted special circumstances justifying a second examination.
The motion was granted, and the defendant was ordered to produce a properly prepared representative and pay substantial indemnity costs of $35,000.
