The plaintiffs had a pending motion to validate service of their statement of claim on one defendant and to extend the time for service on another.
The defendants opposed the motion, arguing the claim was statute-barred and failed to plead valid causes of action, and brought a motion under Rule 39.03 to examine the plaintiffs prior to the hearing.
The Master granted the motion in part, permitting the defendants to examine the plaintiffs on issues relevant to the limitation period defence, but refusing examination on the factual basis of the pleaded causes of action, as the latter is a pleadings test rather than an evidentiary one.
