Legal Question in Family Law in Canada

Discoveries/Examination my right to be there?

I am in the Toronto, Ontario area. In family law, during an examination (discoveries) my lawyer will be questioning my ex husband's wife. (all assests in her name) My ex's lawyer has made a condition that I cannot attend while the wife is being questioned (reasons being emotions)and my lawyer is telling me that she is not a party to the proceedings therefore I should not be there. How will I know if I have a right to be there during her questioning. I know what questions my lawyer should ask as he is the second lawyer I've had.This case has gone to trial once already. My lawyer also thinks that if I do show up they will refuse and force me to have to bring a motion for me to attend. Costly. Is there anything I can do to be there during examinations?


Asked on 3/03/06, 5:18 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Discoveries/Examination my right to be there?

This answer applies to British Columbia. The Rules of Court and the law vary from Province to Province and this answer may not apply in a Province other than British Columbia.

In British Columbia, only the parties named as either Plaintiff or Defendant are examined for discovery; in British Columbia all parties have a right to be present at the examination for discovery of every other party, unless a Judge has ordered otherwise, but do not have a right to speak or take part while another party is being examined. Often a lawyer will ask her or his client not to attend the examination for discovery of another party. There are several reasons why a lawyer may make such a request and a client is well advised to accept her lawyer's advice.

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Answered on 3/05/06, 1:13 pm


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