Sep 12, 2014

Case provides some clarity on cross-examinations

A recent decision by the Superior Court of Justice has brought some clarification to the scope of cross-examinations on affidavits filed for motions for summary judgments, says Toronto civil and commercial litigator Patrick Summers.

Mars Canada v. Bemco Cash & Carry, 2014 ONSC 4172 (CanLII) is an appeal of Master Barbara McAfee’s December 2013 order requiring Mars to answer questions the manufacturer thought were "irrelevant, went beyond the proper scope of cross-examination on an affidavit or, more generally, offended the principle of proportionality," Justice Edward P. Belobaba writes in his decision.

View the full article on Advocate Daily

Photography by Eric Chan

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