Haylock v. The ship "Norway"

Haylock v. The ship "Norway"

The Court found that the defendant demonstrated appropriate circumstances and, consistent with Rule 3's mandate for just, expeditious and least expensive determinations and relevant authorities encouraging written discovery, granted leave for initial written discovery of all plaintiffs followed by such oral discovery as reasonably required; the exceptional-circumstances/test from Satellite Earth Station should not bar an integrated two-step discovery process where appropriate.

Citation
2003 FC 932
Parties
Plaintiffs: Rosita Haylock et al.; Defendants: Norwegian Cruise Lines Limited et al.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 July 2003
Procedural Posture
Admiralty Action in Rem and in Personam / Pre Trial Discovery — Motion for Leave to Conduct Written Discovery Followed by Oral Discovery
Outcome
Leave granted for initial written discovery of all plaintiffs and for such oral discovery as reasonably required; costs in the cause.
Legal Topics
Written Discovery, Interrogatories, Leave for Dual Discovery, Interpretation of Federal Court Rules
Source Language
English
Admiralty Civil Procedure Discovery Written Discovery Interrogatories Leave for Dual Discovery Interpretation of Federal Court Rules

Case Brief

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Parties

Rosita Haylock et al.

Plaintiffs

Norwegian Cruise Lines Limited et al.

Defendants

Procedural Posture

Admiralty Action in Rem and in Personam / Pre Trial Discovery — Motion for Leave to Conduct Written Discovery Followed by Oral Discovery

Legal Issues

  1. 1 Whether leave should be granted to permit initial written discovery of all plaintiffs followed by oral discovery of selected plaintiffs
  2. 2 Whether written discovery preceding oral discovery constitutes a prohibited 'second discovery' under prior authority
  3. 3 Application and primacy of Federal Court Rule 3 in assessing discovery procedures

Ratio Decidendi

The Court found that the defendant demonstrated appropriate circumstances and, consistent with Rule 3's mandate for just, expeditious and least expensive determinations and relevant authorities encouraging written discovery, granted leave for initial written discovery of all plaintiffs followed by such oral discovery as reasonably required; the exceptional-circumstances/test from Satellite Earth Station should not bar an integrated two-step discovery process where appropriate.

Court Disposition

Leave granted for initial written discovery of all plaintiffs and for such oral discovery as reasonably required; costs in the cause.

Orders

  • Defendant Norwegian Cruise Lines Limited may serve initial written examinations for discovery on each plaintiff as part of the discovery process.
  • Defendant may conduct such oral examinations for discovery of selected plaintiffs as it reasonably requires following written discovery.