Can a witness obtain answers to undertakings from a former colleague?

Ontario, Canada


The following excerpt is from Aviva Canada Inc. v. Hubio Solutions Inc.:, 2019 ONSC 2277 (CanLII):

Further, Perell J.’s statement from CIBC v. Deloitte & Touche, supra that witnesses’ obligations in preparing for an examination do not extend to consulting “third parties, strangers or outside sources” does not address the possibility of witnesses informing themselves from former colleagues whose information might be readily available. Steele J. in Gravlev considered this point directly in relation to obtaining answers to undertakings and as stated, there is no basis on which to differentiate between the scope of pre-examination and post-examination enquiries.

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