Although there is authority for the proposition that a party may be present during the examination for discovery of the party opposite or of a co-party, the Rules of Civil Procedure are silent on the issue as to who else may be present during an examination for discovery. In fact, until now, there had been no reported cases in Ontario on the issue. Lerners is pleased to have obtained the following precedent-setting decision whereby for the first time in Ontario, an adjuster was permitted by the court to attend a plaintiff’s examination for discovery in a tort motor vehicle accident matter.
In Purdy v. Isardi (Superior Court of Justice, September 14, 2012), the plaintiff suffered from soft tissue injuries and the claims adjuster with carriage of the matter wished to attend her discovery. In support of the motion, the claims adjuster deposed in an affidavit that he wished to attend the discovery in order “to observe the plaintiff, hear her testimony and assess her case in terms of settlement possibilities and defence strategies”.
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