Does cross examination on the affidavit of documents constitute a proper discovery?
Ontario, Canada
The following excerpt is from Logan v. Harper, 2003 CanLII 15592 (ON SC):
For clarity, I consider questions concerning the existence of documents and the adequacy of documentary production to be proper discovery questions. This is implicit in the Bow Helicopters v. Textron[10] decision frequently applied by this court. I consider that whether it is described as cross examination on the affidavit of documents or not, these are proper discovery questions and should be answered.
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