Legal Blog

Discovery

Kaushal v. Vasudeva 2021 Ont SCJ

An affiant was being cross-examined on his affidavit in support of his position as a respondent in an oppression application. The cross-examination was being conducted remotely. The examiner affirmed with the affiant and his lawyer that, other than the interpreter and the lawyer, no one else was present in the room. It seems that this was a lie and that the affiant’s wife and son were both present during the cross-examination giving him hand and facial signals. Upon motion, the judge, who noted that this misconduct strikes at the very heart of the integrity of the fact-finding process, struck the affidavit in its entirety.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.