The defendants brought a motion for directions regarding the conduct of the plaintiff’s counsel during an examination for discovery, alleging obstruction, coaching of the witness, and improper interruptions.
They sought an order requiring the plaintiff to re-attend the discovery at her own expense and costs thrown away.
The court held that although the plaintiff’s counsel frequently interrupted and lacked familiarity with litigation procedures, the conduct stemmed from inexperience and an overly protective approach rather than obstructionist behaviour.
The examination had been prematurely terminated and remained incomplete.
The court ordered the plaintiff to re-attend for discovery but required each party to bear its own costs.
