Background:
Dallas Barrie Haugan and Nicole Louise Haugan (plaintiffs) purchased a property in Prince George, British Columbia, on September 20, 2020. They later alleged that Shane Leslie Beeton, Terryll Lawney Beeton, Rodney Walker, Jenny Higham, Your Real Estate Centre dba Royal LePage Aspire Realty, Rodney Howard Croome, and Hometech Energy Solutions Inc. (defendants) misrepresented the property.

Legal Issue:
The plaintiffs applied for an order requiring Rodney Walker and Jenny Higham to attend in-person examinations for discovery in Prince George. The defendants opposed, arguing that the examinations should proceed virtually via Zoom, citing personal discomfort and convenience for legal counsel.

Court’s Analysis:
Justice Ball ruled that under Rule 7-2(11) of the Supreme Court Civil Rules, examinations for discovery must take place within 30 kilometers of the nearest registry, unless the court orders otherwise. The court found that virtual discoveries, allowed during the COVID-19 pandemic, were not justified in this case. The defendants’ primary argument—counsel’s convenience—was insufficient. The court referenced Hamilton Horizon Developments Ltd. v. Triple P Investments Inc., emphasizing that cost and efficiency concerns should not override procedural fairness.

Conclusion and Costs:
The court ordered the defendants to attend in-person examinations in Prince George and ruled that the plaintiffs were entitled to costs, payable by the defendants forthwith after assessment on the basis of ordinary difficulty. No specific monetary award was mentioned beyond costs.