PART 4Actions (continued)
Trial Procedure (continued)
Evidence at Trial (continued)
283 Rule 93 applies, with such modifications as are necessary, to the use of an interpreter at trial.
Marginal note:Failure to appear
(2) Subject to subsection (3), where a party demonstrates due diligence and the Court is satisfied that an absent witness is necessary and that the absence of the witness is not due to any contrivance on the party’s part, the Court may adjourn the hearing.
Marginal note:Avoidance of adjournment
(3) An adverse party may require a party seeking an adjournment under subsection (2) to declare, or to produce some other person to declare, under oath the facts that, in the opinion of the party seeking the adjournment, the defaulting witness would have stated, and may avoid the adjournment by admitting the truth of those facts or that the witness would have stated those facts.
Marginal note:Proof by affidavit
285 The Court may, at any time, order that any fact be proven by affidavit or that the affidavit of a witness be read at trial.
Marginal note:Order re giving evidence
286 The Court may, before trial, order that evidence of any fact be given at the trial in such a manner as may be specified in the order, including
(a) by statement on oath of information or belief;
(b) by the production of documents or other material;
(c) by the production of copies of documents; or
(d) in the case of a fact that is or was a matter of common knowledge either generally or in a particular district, by the production of a specified publication containing a statement of that fact.
287 Except with leave of the Court, no plan, photograph, model or other demonstrative evidence prepared or obtained for use at trial is admissible in evidence at trial, other than in the course of cross-examination, unless at least 30 days before the commencement of the trial all other parties have been given an opportunity to inspect it and consent to its admission without further proof.
Use of Examination for Discovery at Trial
Marginal note:Reading in examination at trial
288 A party may introduce as its own evidence at trial any part of its examination for discovery of an adverse party or of a person examined on behalf of an adverse party, whether or not the adverse party or person has already testified.
Marginal note:Qualifying answers
289 The Court may order a party who uses part of an examination for discovery as its own evidence to introduce into evidence any other part of the examination for discovery that the Court considers is so related that it ought not to be omitted.
Marginal note:Unavailability of deponent
290 The Court may permit a party to use all or part of an examination for discovery of a person, other than a person examined under rule 238, as evidence at trial if
(a) the person is unable to testify at the trial because of his or her illness, infirmity or death or because the person cannot be compelled to attend; and
(b) his or her evidence cannot be obtained on commission.
Marginal note:Use of examination to impeach credibility at trial
291 A party may use any part of its examination for discovery of a person as evidence to impeach the credibility of that person as a witness at trial only if the party first puts to the person the questions asked in that part of the examination.
Marginal note:Where mandatory
292 Unless the Court orders otherwise, rules 294 to 299 apply to any action in which
(a) each claim is exclusively for monetary relief in an amount not exceeding $100,000, exclusive of interest and costs;
(b) in respect of an action in rem claiming monetary relief, no amount claimed, exclusive of interest and costs, exceeds $50,000;
(c) the parties agree that the action is to be conducted as a simplified action; or
(d) on motion, the Court orders that the action be conducted as a simplified action.
Marginal note:Cost consequences of improper avoidance of procedure
293 The Court may award costs against any party, including a party who is successful in an action, who it finds has exaggerated a claim, including a counterclaim or third party claim, merely to avoid the operation of rules 292 and 294 to 299.
Marginal note:Style of cause
294 Every pleading in a simplified action shall be prefaced by the heading “Simplified Action”.
Marginal note:List of documents
295 A party to a simplified action may serve, in lieu of an affidavit of documents, a complete list of all the documents in the party’s possession, power or control that are relevant to a matter in issue in the action.
Marginal note:Limited examination for discovery
296 An examination for discovery in a simplified action shall be in writing only, and shall not exceed 50 questions.
Marginal note:Motion for summary judgment or summary trial
297 No motion for summary judgment or summary trial may be brought in a simplified action.
- SOR/2009-331, s. 4
Marginal note:Motions prior to pre-trial conference
(2) A motion may be brought, within the time set out in rule 204 for the service and filing of a statement of defence,
(3) A motion may be brought at any time
- SOR/2002-417, s. 16
Marginal note:Evidence adduced by affidavit
299 (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed
Marginal note:Admissibility of expert’s evidence
(1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless
(a) the issue has been defined by the pleadings or in an order made under rule 265;
(b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 60 days before the commencement of the trial; and
(c) the expert witness is available at the trial for cross-examination.
Marginal note:Admissibility of rebuttal evidence
(1.2) Except with leave of the Court, no expert witness’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 30 days before the commencement of the trial.
Marginal note:Witness to be made available
(2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.
Marginal note:Reply evidence
(3) Reply evidence, including that of an expert witness, may be provided orally at trial.
- SOR/2006-219, s. 9
- SOR/2010-176, s. 10
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