297. Restrictions on exercise of power to order examination.

Despite the considerations referred to above1, the power to order a private examination is one which ought to be carefully exercised2; the court must be astute to prevent any oppressive, vexatious or unfair use of the power3. Factors which may be taken into account by the court in exercising its discretion include the following:

  1.  

    (1)     whether the order is sought against those under a duty to co-operate with the office-holder;

  2.  

    (2)     the views of the office-holder are to be given great weight;

  3.  

    (3)     the office-holder is entitled not only to general information but to specific information concerning possible claims