A BC Supreme Court judge has ordered defendants in a real estate dispute to attend an examination for discovery in person in Prince George.
Dallas Barrie Haugan and Nicole Louise Haugan filed a notice of civil claim in July 2022 in Prince George, accusing the vendors of a Muralt Road property of misrepresentation and misleading them into the purchase.
The Haugans’ lawyer, Mohammad Hajivandi, began in July 2023 to schedule examination for discovery with defendants Rodney Walker and Jenny Higham of Royal LePage Aspire Realty. But the lawyer for the two real estate agents, Oana Hyatt, said they would attend by Zoom and told Hajivandi to obtain a court order for them to appear in person.
Hajivandi reminded Hyatt of B.C. Supreme Court Civil Rules stipulating examination for discovery must take place at a location within 30 kilometres of the registry nearest the place where the person to be examined resides, unless the court orders otherwise.
In a Jan. 14 ruling, Justice Kenneth Ball found that the “sole reason of substance for the examinations for discovery to occur by video is to convenience legal counsel otherwise located in Vancouver.” The judge noted Higham’s affidavit, in which she called the process “intimidating” and said it would be uncomfortable to attend in-person while her lawyer is involved remotely.
“It is understandable that the respondents would be more comfortable if their lawyer was present in the same room for the examination for discovery,” Ball continued. “However, the reason for counsel’s absence is not related to the COVID-19 pandemic and a risk of infection. The cases which grant virtual discoveries on this basis are distinguishable from the case at bar.”
Ball ordered Walker and Higham to attend examinations for discovery invperson in Prince George where they live. Hyatt is not required to be there in person, but “failure to attend with the respondents is not a valid reason upon which the respondents may refuse to attend their respective examinations.”
The 10-acre property with a one-storey house at the centre of the dispute was assessed last year at $883,000, down from $1.007 million in 2023.
