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

Marginal note:Neglect or refusal to attend

• 89. (1) Where an order is made for the examination of a witness and a copy of the order, together with a notice of the time and place of attendance, signed by the person or one of the persons to take the examination, has been duly served on the witness within Canada, and the witness has been tendered the legal fees for attendance and travel, the refusal or neglect of the witness to attend for examination or to answer any proper question put on examination, or to produce any paper that the witness has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court.

• Marginal note:Where no compulsion

  (2) In the course of the examination referred to in subsection (1), the witness shall not be compelled to produce any paper that he would not be compelled to produce or to answer any question that he would not be bound to answer in court.

Marginal note:Effect of consent of parties to examination of witness

90. Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order.

Marginal note:Examinations taken in Canada

• 91. (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court.

• Marginal note:Depositions to be used in evidence

  (2) The depositions taken in the course of an examination referred to in subsection (1), certified under the hands of the person or one of the persons taking them, may, without further proof, be used in evidence, saving all just exceptions.

Marginal note:Examinations taken outside Canada

• 92. (1) All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court.

• Marginal note:Depositions to be used in evidence

  (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions.

Marginal note:Reading of examination

93. Where any examination has been returned, any party may give notice of the return, and no objection to the examination being read has effect unless taken within the time and in the manner prescribed by general order.