What are the implications of the Financial Conduct Authority’s (FCA) position on cross-examinations?
Ontario, Canada
The following excerpt is from Sky Solar v Economical Mutual Insurance, 2016 ONSC 6258 (CanLII):
FCA outlines numerous questions with respect to counsel’s time spent at discoveries and cross-examinations and submits those should be non-compensable. As the cross-examinations were tacked onto the examinations for discoveries, FCA takes issue with paying those costs. Further, the majority of the costs claimed by Sky are with respect to time spent by senior counsel. In Augustine v. Inco Ltd., [2005] O.J. No. 1618 the court criticized that practice in regards to preparation of materials.
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