What is the court's approach to a motion for questioning?
Ontario, Canada
The following excerpt is from Cohen v. Cohen, 2020 ONSC 88 (CanLII):
In Birdi v. Birdi, 2015 ONSC 1974, 58 R.F.L. (7th) 274, Emery J. reviewed what at first glance appeared to be two different approaches historically taken by the court on motions for questioning. He referred first to the “traditional approach”, in which the value of questioning was recognized: paras. 18-20. He contrasted that approach with the “more restrained approach” to questioning, whereby “good reason” must be shown before questioning is ordered: paras. 21-25.
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