What is the test for conducting an examination of an affidavit?
Newfoundland and Labrador, Canada
The following excerpt is from Kathirgamanathan v. Western Regional Integrated Health Authority, 2021 NLSC 89 (CanLII):
It is also clear that any such examination must be directly relevant to issues in the Application before the court. See Ontario v. Rothmans Inc., 2011 ONSC 2504 at paras. 142-143 per Perell, J. Any questions must be relevant to the issues on the particular motion, or on the matters raised in the affidavit. Since on the record there was no dispute on the contents of the affidavits, questioning would not add anything to the determination of issues in the application.
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