PART 3Rules Applicable to All Proceedings (continued)
Affidavit Evidence and Examinations (continued)
Examinations out of Court (continued)
92 A person to be examined on an oral examination shall be sworn before being examined.
Marginal note:Examining party to provide interpreter
93 (1) Where a person to be examined on an oral examination understands neither French nor English or is deaf or mute, the examining party shall arrange for the attendance and pay the fees and disbursements of an independent and competent person to accurately interpret everything said during the examination, other than statements that the attending parties agree to exclude from the record.
Marginal note:Administrator to provide interpreter
(2) Where an interpreter is required because the examining party wishes to conduct an oral examination in one official language and the person to be examined wishes to be examined in the other official language, on the request of the examining party made at least six days before the examination, the Administrator shall arrange for the attendance and pay the fees and disbursements of an independent and competent interpreter.
Marginal note:Oath of interpreter
(3) Before aiding in the examination of a witness, an interpreter shall take an oath, in Form 93, as to the performance of his or her duties.
- SOR/2007-301, s. 3(E)
Marginal note:Production of documents on examination
94 (1) Subject to subsection (2), a person who is to be examined on an oral examination or the party on whose behalf that person is being examined shall produce for inspection at the examination all documents and other material requested in the direction to attend that are within that person’s or party’s possession and control, other than any documents for which privilege has been claimed or for which relief from production has been granted under rule 230.
Marginal note:Relief from production
(2) On motion, the Court may order that a person to be examined or the party on whose behalf that person is being examined be relieved from the requirement to produce for inspection any document or other material requested in a direction to attend, if the Court is of the opinion that the document or other material requested is irrelevant or, by reason of its nature or the number of documents or amount of material requested, it would be unduly onerous to require the person or party to produce it.
Marginal note:Preliminary answer
(2) A person may answer a question that was objected to in an oral examination subject to the right to have the propriety of the question determined, on motion, before the answer is used at trial.
Marginal note:Improper conduct
96 (1) A person being examined may adjourn an oral examination and bring a motion for directions if the person believes that he or she is being subjected to an excessive number of questions or to improper questions, or that the examination is being conducted in bad faith or in an abusive manner.
Marginal note:Adjournment to seek directions
(2) A person conducting an oral examination may adjourn the examination and bring a motion for directions if the person believes answers to questions being provided are evasive or if the person being examined fails to produce a document or other material requested under rule 94.
(3) On a motion under subsection (1) or (2), the Court may sanction, through costs, a person whose conduct necessitated the motion or a person who unnecessarily adjourned the examination.
Marginal note:Failure to attend or misconduct
97 Where a person fails to attend an oral examination or refuses to take an oath, answer a proper question, produce a document or other material required to be produced or comply with an order made under rule 96, the Court may
(a) order the person to attend or re-attend, as the case may be, at his or her own expense;
(b) order the person to answer a question that was improperly objected to and any proper question arising from the answer;
(c) strike all or part of the person’s evidence, including an affidavit made by the person;
(d) dismiss the proceeding or give judgment by default, as the case may be; or
(e) order the person or the party on whose behalf the person is being examined to pay the costs of the examination.
Marginal note:Contempt order
98 A person who does not comply with an order made under rule 96 or 97 may be found in contempt.
Marginal note:Written examination
(2) A person who objects to a question in a written examination may bring a motion to have the question struck out.
Marginal note:Answers to written examination
(3) A person examined by way of a written examination shall answer by way of an affidavit.
Marginal note:Service of answers
(4) An affidavit referred to in subsection (3) shall be in Form 99B and be served on every other party within 30 days after service of the written examination under subsection (1).
Marginal note:Application of oral examination rules
100 Rules 94, 95, 97 and 98 apply to written examinations, with such modifications as are necessary.
Joinder, Intervention and Parties
Marginal note:Joinder of claims
Marginal note:Separate capacity
(2) A party may request relief in a separate capacity in respect of different claims in a single proceeding.
Marginal note:Interest in all relief not essential
(3) Not all parties to a proceeding need have an interest in all relief claimed in the proceeding.
Marginal note:Multiple persons joined as parties
102 Two or more persons who are represented by the same solicitor may join in one proceeding as plaintiffs, applicants or appellants where
(a) if separate proceedings were brought by each of them, a common question of law or fact would arise in all of the proceedings; or
(b) the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter.
Marginal note:Misjoinder and nonjoinder
Marginal note:Issues to be determined
(2) In a proceeding in which a proper person or party has not been joined, the Court shall determine the issues in dispute so far as they affect the rights and interests of the persons who are parties to the proceeding.
Marginal note:Order for joinder or relief against joinder
(a) order that a person who is not a proper or necessary party shall cease to be a party; or
(b) order that a person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined be added as a party, but no person shall be added as a plaintiff or applicant without his or her consent, signified in writing or in such other manner as the Court may order.
(2) An order made under subsection (1) shall contain directions as to amendment of the originating document and any other pleadings.
Marginal note:Consolidation of proceedings
105 The Court may order, in respect of two or more proceedings,
(a) that they be consolidated, heard together or heard one immediately after the other;
(b) that one proceeding be stayed until another proceeding is determined; or
(c) that one of the proceedings be asserted as a counterclaim or cross-appeal in another proceeding.
Marginal note:Separate determination of claims and issues
106 Where the hearing of two or more claims or parties in a single proceeding would cause undue complication or delay or would prejudice a party, the Court may order that
(a) claims against one or more parties be pursued separately;
(b) one or more claims be pursued separately;
(c) a party be compensated for, or relieved from, attending any part of the proceeding in which the party does not have an interest; or
(d) the proceeding against a party be stayed on condition that the party is bound by any findings against another party.
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