What is the test for obtaining an order of exclusion to prevent an opposing party from attending a hearing?

Saskatchewan, Canada


The following excerpt is from St. Paul's Hospital (Grey Nuns' of Saskatoon) v. Paterson, 1989 CanLII 4634 (SK QB):

In seeking the requested order, counsel relies upon Basu v. Bettschen et al. (supra) and the cases discussed therein. However, one must bear in mind that in each instance the court was faced with and granted an order of exclusion in the situation where a co-party was the subject of the application rather than an opposing party. The purpose of the orders granted was to prevent one defendant from listening to the testimony of another defendant and thereafter adapting their testimony to conform with that given earlier. That is a potential mischief much different than that raised herein. As well, those orders had far less sweeping consequences for the subject individual than would the order requested herein.

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