Is a litigant entitled to be present in the room to advise and instruct a lawyer examining an opposing party?
Ontario, Canada
The following excerpt is from Elzen v Kelly, 2016 ONSC 4093 (CanLII):
I disagree. Litigants have a right to be present. There is some authority that it might be a good thing to give a warning, and it might make the process smoother: Kursheed v. Khoja, 2013 ONSC 69950. I think that imposing a duty to inform would be to take the process too far. I also think that it is unrealistic to expect that a litigant in a case involving alleged employee fraud with numerous documents not be in the room to advise and instruct the lawyer examining an opposing party.
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