In a recent decision from Master Short of the Ontario Superior Court of Justice, it was found that Mayor Jackson of the City of Vaughan was not one of the parties listed in Rule 31.03(2) of the Rules of Civil Procedure as persons who could be examined for discovery on behalf of a corporation.  Recognizing ”that the Court should not lightly overturn a party’s prima facie right to select the individual it wishes to examine,” Master Short found that the Mayor could not be examined under Rule 31.03(2) since she does not, as Mayor, have the authority to bind the corporation. Master Short noted, however, that there will be circumstances where examining the Mayor would be appropriate. For a copy of the decision, click here.

by Louise Vrebosch