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.
- R.S., c. S-19, s. 90
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.
- R.S., c. S-19, s. 91
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.
- R.S., c. S-19, s. 92
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.
- R.S., c. S-19, s. 93
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.
- R.S., c. S-19, s. 94
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.
- R.S., c. S-19, s. 95
Marginal note:Examinations taken in Canada
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.
- R.S., c. S-19, s. 96
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.
- R.S., c. S-19, s. 97
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.
- R.S., c. S-19, s. 98
Marginal note:Process of the Court
94 (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided.
Marginal note:Officers of the Court
(2) The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court.
(3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district.
- R.S., c. S-19, s. 99
Marginal note:Further powers of commissioners
95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court.
- R.S., 1985, c. S-26, s. 95
- 2019, c. 25, s. 391
- Date modified: