If you need more time to examine a witness than Rule 31.05.01(1) permits (7 hours), you may bring a motion pursuant to Rule 31.05.1 seeking leave from the Court.
The Ontario Superior Court considered such a motion in Edwards v. McCarthy, 2012 ONSC 6833. In this case, the defendant had already been examined for three days: in 2009, 2011, and 2012.
The Court considered the following issues:
1. The amount in issue;
2. The complexity of the issues;
3. The amount of time that ought reasonably be required; and
4. The financial position of each party.
The Court found that an additional 2.5 hours was required for the examination, in the interest of justice. The Court awarded partial costs to the plaintiff in the amount of $3,000.00.