Thursday, January 29, 2015

In Nunavut civil matters cross examination may occur before affidavits served

 Marion v KIA 2015 NUCJ 6:

  1. The plaintiff urges the Court to impose a general rule that all affidavits must be filed prior to cross-examinations and seeks to place the onus on the party seeking to vary from this process to make a case pursuant to Rule 381(6). In my view this is not the correct approach. In my view the correct approach is to maintain the general right to cross-examine and to impose terms or conditions only if necessary. 

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