In Scott v. Fresh Tracks (Canada) Inc., 2023 BCSC 1724 ( Master Bilawich) both the parties and defence counsel were based in BC but Plaintiff’s counsel was based in Toronto. Defence counsel wanted to exam the Plaintiff in person in BC while Plaintiffs’ counsel wanted to do it on ZOOM, just like it had been done when the Defendant was examined.
The Master looked the the following issues :
1. The extra cost of having Plaintiff counsel attend in person.
2. The extra cost of hiring a local agent.
3. The success of virtual proceedings since COVID.
4. The fact that there is no longer a health reason for virtual proceedings.
5. The possibility of cheating.
6. The assessment of credibility.
In the end the Master ordered the examination to proceed on ZOOM.
[46] I am satisfied that a virtual examination is appropriate, as this will allow the plaintiff to avoid substantial out of pocket expenses which he would have to incur if there is an in person examination. The defendant has not persuaded me that a virtual examination of the plaintiff would be materially less effective than an in-person examination, or otherwise prejudice its ability to defend this action. I exercise my discretion to direct that the plaintiff be examined for discovery virtually (by Zoom or other mutually agreeable videoconferencing service), on a mutually convenient date to be agreed between counsel.
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