Can a defendant cross-examine the affiants of two affidavits from U.S. attorneys?

Saskatchewan, Canada


The following excerpt is from Hoffman v. Monsanto Canada Inc., 2003 SKQB 564 (CanLII):

This point is illustrated by the ruling in Hoy v. Medtronic, Inc., 2000 CarswellBC 2430 (B.C.S.C.), where the defendant sought to cross-examine the affiants of two affidavits from U.S. attorneys who were assisting the plaintiffs in order to show that the lawyers were trying to recoup their investment loss in relation to an earlier unsuccessfully attempted class proceeding against the defendant in the U.S. The British Columbia Court commented, at paras. 9-10: 9 . . . Although the argument may be novel, it is one which deserves the opportunity to be developed. It may only be developed with evidence. That evidence is currently only within the knowledge of the plaintiff’s counsel and the U.S. counsel who are assisting them. If the defendants establish that the litigation is driven primarily for the lawyers’ own ends, it is at least arguable that such ends were not intended by the legislature in its enactment of the Class Proceedings Act . . . 10 However, at this stage, the issue is not completely formed and cannot be until counsel has the opportunity to develop it further based on the evidence they hope to acquire at the cross-examination. . . . C. Have the defendants demonstrated a need for cross-examination in this case?

Other Questions


Can a defendant cross-examine his co-defendant’s evidence? (Saskatchewan, Canada)
What is the test for a defendant to successfully defend a claim for trespass on another person's land? (Saskatchewan, Canada)
Does a defendant have to defend their claim against a plaintiff? (Saskatchewan, Canada)
Can a multi-defendant class action be certified if there is no cause of action against each defendant? (Saskatchewan, Canada)
In what circumstances will a defendant deposed in an affidavit that he did not feel the allegations were truthful or justified? (Saskatchewan, Canada)
Is there a creditor who is not a defendant in a sheriff’s action? (Saskatchewan, Canada)
Is there any case law where a defendant piled snow up on either side of a walkway requiring a higher level of inspection? (Saskatchewan, Canada)
In what circumstances will a defendant be charged with perjury in falsely testifying that he does not remember certain criminal acts? (Saskatchewan, Canada)
Can a plea of justification be defended as to the truth of any defamatory statements in a series of articles? (Saskatchewan, Canada)
In what circumstances will a defendant deny that he went outside into the yard with the mother of the child on the night of the alleged conception? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.