What is the test for cross-examination on affidavits?
British Columbia, Canada
The following excerpt is from Zandbergen v. Craig, 2017 BCSC 487 (CanLII):
As the Court of Appeal stated in Beninger v. Beninger, 2007 BCCA 619 [Beninger] at para. 29: “Generally speaking, … where there is a significant challenge to income or expenses claimed by one party, the evidence is tested through cross-examination of the party whose evidence is challenged”. Indeed, the order of Williams J. specifically contemplated the possibility of cross‑examination on affidavits.
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