Can a deponent be cross-examined in the examination for discovery of a party who was unavailable at trial?
Ontario, Canada
The following excerpt is from Aujla v. Hayes, 1997 CanLII 4459 (ON CA):
This exception to the general rule at common law did not apply to the examination for discovery of a deponent who was unavailable at trial because, under the traditional discovery rules, such a person could not be cross-examined "with a view of testing and setting in a proper light the whole of the evidence of the party examined": Cartwright v. Toronto (City) (1914), 1914 CanLII 554 (SCC), 50 S.C.R. 215 at 219.
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