How has the concept of necessary evidence been applied to limit the use of a summons to witness?
Ontario, Canada
The following excerpt is from Cunha et. al. v. DaCunha, 2022 ONSC 930 (CanLII):
The concept of necessary evidence has been employed to limit the use of a summons to witness: see Chown J. in Derenzis v. Scoburgh, 2021 ONSC 3286, Glithero J. in Lauzon at para. 35. This is supported by the concept of proportionality in r. 1.04(1.1), requiring the court to make orders and give directions that are proportionate to the importance, complexity, and amount involved in the proceeding.
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