Can a party file a copy of a portion of a transcript if the other party consent?
Ontario, Canada
The following excerpt is from Moore v. Bertuzzi, 2007 CanLII 57934 (ON SC):
Rule 34.18(3) provides that a "party may file a copy of a portion of the transcript if the other parties consent". In the case before me, the plaintiffs do not consent and wish to file the entire transcript. Cullity J. stated in Lewis v. Cantertrot Investments Ltd. with respect to that situation as follows: As rule 34.18(3) states that a copy of a portion of the transcript may be filed if the other parties consent, it is, I believe, clear that rule 34.18(2) refers to the entire transcript, and not just the part on which the party filing it intends to rely. [See Note 8 below]
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