What is the onus on a party seeking to conduct an examination pursuant to Rule 39.03(1)?
Ontario, Canada
The following excerpt is from Old Republic Insurance v. Explorica Canada, 2021 ONSC 4315 (CanLII):
If the summons to the witness is challenged, the party seeking the examination should be prepared to show that the evidence is relevant to the pending motion and that the party to be examined is in a position to provide the evidence. The onus on the party seeking to conduct an examination pursuant to Rule 39.03(1) is "not a high one." (See, Bearden v. Lee, 2005 CanLII 134530 SC at para. 18).
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