Can an Affidavit of Documents be examined for discovery?
Ontario, Canada
The following excerpt is from Apotex Inc. v. Richter Gedeon Vegyeszeti Gyar RT, 2010 ONSC 4070 (CanLII):
As well in White v. Winfair Master Dash held that, while evidence as to the existence and relevance of the documents omitted from an Affidavit of Documents might be obtained by conducting examinations for discovery, it is not necessary to first conduct discoveries if convincing evidence otherwise exists.
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