The appellant must attend the examination for discovery if served with a notice to attend. When the appellant is a corporation or an organisation, a “knowledgeable current or former officer, director, member or employee” will have to be chosen to answer questions on its behalf (the “nominee”). If the Crown is not satisfied with the person that the appellant nominated, it may apply to the Court to name someone else.
For the Crown, the person chosen to be the nominee needs to be a “knowledgeable current or former officer, servant or employee”. If the appellant is not satisfied with that person, the appellant may apply to the Court to have another person be the nominee. Generally, the auditor is chosen to be the nominee for the Crown or, alternatively, the appeals officer.
Last updated: October 4, 2018