6.7: Questioning on affidavit in support, response and reply to application
6.8: Questioning witness before hearing

Case Summary

The Defendant, a self-represented litigant, brought an Application for Reconsideration related to a previous Order of the Court.

One issue at play was whether the Defendant would be allowed to cross-examine the Plaintiff on an Affidavit. In a prior Decision, Justice Rooke ordered that any cross-examination of the Plaintiff be done by a member of the Law Society or through the use of written interrogatories. His Lordship found that the Defendant wanted to cross-examine the Plaintiff improperly and broadly rather than on the matters addressed in the Affidavit and the Application it supported.

Justice Rooke reviewed the case law and found in reference to Rules 6.7 and 6.8 that “[a] request to cross-examine may be denied in instances where the examination would be totally frivolous or is only designed to forestall the proceedings.” His Lordship stated that a broader cross-examination would not be allowed if it was an abuse of process as it was in the immediate instance. Ultimately, after considering all the issues at play, Justice Rooke dismissed the Application for reconsideration.

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