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ARTICLE · 07 APRIL 2021

BC Court Rules On Hearing Witnesses Via Video At Trial

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What happens when time-zone differences, travel restrictions and trial scheduling collide? On March 25, 2021, the British Columbia Supreme Court rendered an important decision relating to the...

CanadaLitigation, Mediation & Arbitration

What happens when time-zone differences, travel restrictions and trial scheduling collide?

On March 25, 2021, the British Columbia Supreme Court rendered an important decision relating to the scheduling of witnesses at trial during the pandemic. In this case, the parties jointly sought to have seven of the nine witnesses testify via video conference from China. In the circumstances, the Court declined to grant the order.

While this decision was no doubt frustrating for the parties who wanted the trial to proceed, this case provides guidance as to when the Court will consider it appropriate to permit witnesses to testify remotely.

BACKGROUND

The plaintiff sought damages of approximately $7.1 million on the basis of judgments obtained in China. In their defence, the defendants argued that there was a breach of natural justice and a fraud perpetrated on the court in the Chinese legal proceedings.

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