What is the test for non-party questioning under rule 20(5)?
Ontario, Canada
The following excerpt is from Popat v. Popat, 2021 ONSC 5194 (CanLII):
As indicated above, the onus of showing that the test for non-party questioning under rule 20(5) has been met is on the applicant. It has been held that the discretion of the court to order questioning ought not to be exercised unless the three-part statutory test is clearly met (see Zafir v. Diamond (2008) 53 R.F.L. (6th) 609 (S.C.J.), per J. Wilson, J.).
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