What is the scope of cross examination on a motion?

Ontario, Canada


The following excerpt is from Dumais v Hobbs, 2015 ONSC 5643 (CanLII):

While the scope of cross examination on a motion may be different from cross examination on an application and both may be different from examination for discoveries, the extent to which there is a significant difference depends on the context. Mr. Justice Perell deals with the differences between discovery and cross examination on an affidavit in detail in Ontario v. Rothmans.[1] As he points out in that decision there are differences in how discovery transcripts and cross examination transcripts can be used at a hearing and there are differences in the obligation of a witness to give undertakings. This sometimes means that questions that are proper discovery questions will not be proper on cross examination though such nuanced distinctions will not always be significant. It depends on what is in issue on the motion.

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