Does the ability of a witness to provide useful evidence constitute a sufficient justification in a claim?
Ontario, Canada
The following excerpt is from Ogichidaakwe (Grand Chief) Diane Kelly v. Ontario Minister of Energy, 2013 ONSC 5089 (CanLII):
Furthermore, the ability to provide useful evidence is not, in itself, a sufficient justification since that evidence could be made available to one of the parties (Halpern v. Toronto (City) 2000 CanLII 29029 (ON SCDC), 139 O.A.C. 300 (Div. Ct.) at paras. 18-19, 26).
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