The plaintiffs rely on Abermin Corporation v. Grange Exploration Ltd.,  B.C.J. No. 1830 (S.C.), and say that, the deposition having been taken, all relevant evidence is before me and that I can properly adjudicate the matter because I can watch the video and assess credibility. Permitting depositions to be taken and then permitting the witness to testify live would be to create, what McColl J. called in Abermin at para. 12, “a hodge-podge of deposition evidence along with viva voce evidence in the conduct of a trial...”. This would frustrate the purpose of Rule 38.
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