What is the proper procedure for cross-examination on the affidavits of the Respondent?

Ontario, Canada


The following excerpt is from Lamoureux v. Lamoureux, 2011 ONSC 3123 (CanLII):

Following submissions by counsel on the point, I ordered that the contempt motion be adjourned, either to allow cross-examination on the affidavits and a hearing based on those affidavits, or a hearing involving viva voce evidence without prior cross-examinations, based on the decision in Fischer v. Milo, [2007] O.J. No. 3692 (S.C.J.). In my view, the procedural safeguards referred to in that decision are not to be dispensed with based upon the apparent strength of the case against the Respondent. The matter will proceed on viva voce evidence, unless counsel agree otherwise. A date shall be obtained by counsel for the hearing through the office of the trial coordinator.

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