The affidavit also satisfies me that the plaintiff cannot compel the attendance of these witnesses at the trial. The director swears he has asked them if they would be willing to go to Swift Current to attend the trial of this case, and they both state that they are unable to go, owing to family as well as business reasons, and they are not willing to go to Swift Current to give evidence in this action. Now, it seems to me this is the best of reasons that they cannot be examined at the trial—namely, that they cannot be compelled to attend. Although they are both in the employ of the plaintiff company, it is not shewn that the plaintiff could compel their attendance, and I see no way by which the plaintiff could do so; and the fact that they are in the employ of the plaintiff is hot a conclusive reason for refusing the application. [Reference to Coch v. Allcock, 21 Q.B.D. 1, 180.]
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