6.7: Questioning on affidavit in support, response and reply to application

Case Summary

The Applicant sought to set aside a support payment ruling and filed an Affidavit in support. The Respondent sought to cross-examine the Applicant; however, the Applicant objected to the cross-examination on the basis that the Respondent had not yet filed a responding Affidavit.

The Court reviewed the applicable case law and Rule 6.7, which allows a party to question a person who makes an affidavit in support of an application or in response or reply to an Application. The Court concluded that the Respondent’s right to cross-examine on the Applicant’s Affidavit was not conditional upon the filing of a responding Affidavit. In so concluding, the Court noted case law highlighting the absence of any qualification on a litigant’s right to cross-examine on an Affidavit, including any condition that a responding Affidavit be filed in advance of cross-examination of the moving party.

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