What is the impact of cross-examination of the opposing counsel in an interim application?
British Columbia, Canada
The following excerpt is from Smith v. Anderson, 2013 BCSC 1997 (CanLII):
While I am loathe to criticize counsel for putting their respective client’s best case forward, it must be recognized that an interim application can achieve rough justice at best: see Goriuk v. Turton, 2011 BCSC 652. Even if the contradictory affidavit material was carefully sifted through, it would be wrong to make findings on disputed facts without cross-examination of the affiants.
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