Court Orders Videoconference Questioning For Discovery And Provides Guidance For The Use Of Technology In Litigation Proceedings

Conducting questioning for discovery remotely by videoconference is a stable, predictable, safe, and efficient procedure during the COVID-19 pandemic and beyond, the Alberta Court of Queen's Bench confirmed in Mostafa Altalibi Professional Corporation v Lorne S. Kamelchuk Professional Corporation, 2020 ABQB 673 [Altalibi v Kamelchuk]. This recent decision of November 3, 2020, reflects the courts' continuing embrace of technology to facilitate litigation proceedings and avoid delays as the number of COVID-19 cases rise.

In Altalibi v Kamelchuk, the plaintiffs applied for an order to hold questioning for discovery by videoconference due to the current COVID-19 pandemic. The defendants resisted, by arguing that they would be deprived of a fundamental right to conduct in-person questioning, and by attempting to minimize the risks of COVID-19.