Legal Blog

Cross Examination – Third Party on Motion

Magnotta Winery Corp v. Ontario (Alcohol and Gaming Commission) 2016 Ont Master

A party may examine a non-party pursuant to Rule 39.03 to obtain evidence for use on a motion. However, the non- party witness has no duty to inform himself of any information. The witness can either answer the question whether witness cannot. This differs from the cross-examination of a deponent on an affidavit who may be compelled to obtain further information if it is readily available and it is not onerous to do so.