Supreme Court Act (R.S.C., 1985, c. S-26)

Marginal note:Informality not an objection

84. No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury.

Marginal note:Examination on interrogatories or by commission

• 85. (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that person from the place of trial, the expense of taking the evidence otherwise, or for any other reason, convenient to do so, may, on the application of that party, order the examination of that person on oath, by interrogatories or otherwise, before the Registrar, any commissioner for taking affidavits in the Court or any other person or persons to be named in the order, or may order the issue of a commission under the seal of the Court for the examination.

• Marginal note:Court may give directions

  (2) The Court or a judge may, by the order described in subsection (1) or any subsequent order, give all such directions concerning the time, place and manner of the examination, the attendance of the witnesses and the production of papers at the examination, and all matters connected therewith, as appears reasonable.

Marginal note:Duty of persons taking such examination

86. Every person authorized to take the examination of any witness pursuant to this Act shall take the examination on the oath of the witness, or on solemn affirmation, in any case in which solemn affirmation instead of oath is allowed by law.

Marginal note:Further examination

87. The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence.

Marginal note:Notice to adverse party

88. Such notice of the time and place of examination as is prescribed in the order made under section 87 shall be given to the adverse party.