Can a solicitor withdraw an affidavit to prevent cross-examination?

Alberta, Canada


The following excerpt is from R.O.M. Construction Ltd. v. Heeley, 1982 CanLII 1140 (AB QB):

Finally, the court should not permit the withdrawal of an affidavit merely to prevent cross-examination. The solicitor’s affidavit was filed and served. One of the earliest statements of the law appears in Clarke v. Law (1855), 2 K. & J. 28, 69 E.R. 680 at 682: When a party gives notice that he intends to use at the hearing an affidavit made by him, he is both a party and a witness. If he had filed a new affidavit he could not say that he would not use it. He has propounded himself as a witness, and cannot be allowed, if not cross-examined, to use his affidavit, but if threatened with cross-examination to withdraw it: having tendered himself as a witness, he is bound to submit to cross-examination. I have no doubt upon this point…

Other Questions


What is the test for a solicitor to be awarded solicitor's client costs? (Alberta, Canada)
Does solicitor-client privilege apply where there has been a communication between solicitor and client? (Alberta, Canada)
What is the effect of having the same solicitor at the same time as the opposing solicitor? (Alberta, Canada)
Can a solicitor cost on a solicitor and own client basis? (Alberta, Canada)
Is it proper for a solicitor to seek an order under R. 625 of the Rules of Civil Procedure to order that costs of an application be taxed as between solicitor and client and added to the amount to be charged? (Alberta, Canada)
Is education an "other cause" which prevents a child from withdrawing from parental charge or obtaining the necessaries of life? (Alberta, Canada)
Does solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor? (Alberta, Canada)
Does a solicitor have a right to withdraw services? (Alberta, Canada)
What is a non-commercial host's duty to prevent injury to other parties by failing to prevent inebriated guests from getting into trouble? (Alberta, Canada)
Is the filing of an affidavit of records a "necessarily required step" in an action? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.