When dealing with documents referred to in an affidavit is not necessary to consider relevance to the questions in issue?
Ontario, Canada
The following excerpt is from 2169460 Ontario Limited et al. v. Dass, 2020 ONSC 5 (CanLII):
My former colleague’s observations continue: 28 When dealing with documents referred to in affidavits, it is not necessary to consider relevance to the questions in issue. A party which tenders evidence is open to being examined on that evidence. [see Caputo v. Imperial Tobacco Inc. (2002), 25 C.P.C. (5th) 78 (Master) at para. 14]
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