What is the consequence of a party not filing material or taking steps to cross-examine on an affidavit?

Ontario, Canada


The following excerpt is from Dinglasan v. Cabiles, 2009 CanLII 14570 (ON SC):

Rather, he elected to do nothing in response and to attend court and ask for an adjournment on the basis that his client had the right to cross-examine the deponents of the affidavits filed by the respondent and, in addition, the applicant wished to have her own independent capacity assessment. While a party has the right to cross-examine a deponent on an affidavit under the Rules, it is important to note that this right is not absolute and a court may refuse a request for an adjournment where a party did not file material or take steps to cross-examine prior to the return date of the application: Ridley v. Ridley (1980), 37 C.P.C. (2d) 167. Such is the case before me and, consequently, I refused the applicant’s request for an adjournment.

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