Does cross examination on the affidavit of documents constitute a proper discovery?
Ontario, Canada
The following excerpt is from Logan v. Harper, 2003 CanLII 15592 (ON SC):
For clarity, I consider questions concerning the existence of documents and the adequacy of documentary production to be proper discovery questions. This is implicit in the Bow Helicopters v. Textron[10] decision frequently applied by this court. I consider that whether it is described as cross examination on the affidavit of documents or not, these are proper discovery questions and should be answered.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party who fails to assert privilege over a document be served with a supplementary affidavit of documents in which the privilege is properly claimed? (Ontario, Canada)
Under what circumstances will an employer be required to cross-examine a witness in cross-examination? (Ontario, Canada)
What is the timetable for the hearing of a motion for cross examinations, cross examinations and factsums? (Ontario, Canada)
What is the consequence of a failure to cross-examine the complainant in cross-examination? (Ontario, Canada)
Can a deponent be cross-examined in the examination for discovery of a party who was unavailable at trial? (Ontario, Canada)
What is the proper procedure for cross-examination on the affidavits of the Respondent? (Ontario, Canada)
Can an Affidavit of Documents be examined for discovery? (Ontario, Canada)
Can a plaintiff rely on the evidence of defendants in their July 24, 2011 affidavits if they have not been challenged in cross-examinations? (Ontario, Canada)
Is a party's failure to cross-examine a witness on their affidavit admissible at trial? (Ontario, Canada)
What is the test for properly constituted medical examination? (Ontario, Canada)
