What is the current state of the law on cross-examination on an affidavit?

British Columbia, Canada


The following excerpt is from Balla v. Fitch Research Corp., 2003 BCSC 816 (CanLII):

Fraser J. discussed the existing law, including Pride v. Samis, and concluded, among other things, that: ... the practice on examination for discovery should not be carried over to cross-examination on an affidavit. I conclude that, ordinarily, the obligation to produce a deponent for cross-examination on an affidavit and to pay in the first instance the expense of attendance is on the party who tendered the affidavit. I do not say this is an invariable rule. It may be, in a particular case, that an application for cross-examination might have an oppressive character, such as where the costs of producing a witness are high in relation to the likelihood that his evidence can be undermined on cross-examination.

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