What is the test for subpoenaing a witness?
Alberta, Canada
The following excerpt is from Brosseau Professional Corp. v. Condominium Plan No. 7621095 Owners, 1986 CanLII 1954 (AB QB):
Ontario Rule 230 which was relied upon by the applicant plaintiff in Newman v. Nemes (supra) is as follows: "Any party may by subpoena require the attendance of a witness to be examined, before any officer having jurisdiction in the county in which the witness resides, for the purpose of using his evidence upon any motion."
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