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The defence sought leave to cross-examine a Facebook records custodian on electronic-records affidavits. The court denied the application, finding the issues did not justify viva voce evidence.
The Federal Court ordered a further and better affidavit of documents, required production of existing translations, and allowed limited cross-examination on the 265 Patent.
The court allowed opponents in a proposed class action settlement to cross-examine the representative plaintiff, but declined cross-examination of the other plaintiff.
The court vacated a prior direction that the respondent attend in person for cross-examination, allowed written argument instead, and left admissibility and weight of her affidavits for later.
The court granted leave to cross-examine the affiant on selected wiretap-authorization issues, but refused leave on other grounds that could be argued without viva voce evidence.
The Federal Court dismissed a default-judgment motion after the plaintiff failed to comply with a prior direction addressing disputed personal service.
The motion to intervene was dismissed because LRWC failed to meet the test for intervention: its submissions would have largely duplicated the appellant's arguments, the application was brought unreasonably late and risked unfair prejudice and adjournment, and the sole affidavit supporting the motion was undermined by the deponent's refusal to attend for cross-examination contrary to the Rules of Civil Procedure.
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The Federal Court ordered South Yukon Forest Corporation to post $20,000 security for costs, required a further affidavit of documents, and refused cross-examination for now.
The Federal Court dismissed an appeal from a Prothonotary’s refusal to extend time for cross-examining an affidavit deponent, finding the judicial review moot.
The court dismissed a motion to strike the bank’s claim for want of prosecution and refused cross-examination of the bank’s affidavit deponent in a debt action.
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