In Renée v. 10887609 CANADA INC. (Div Court, 2023) the Divisional Court considered an RTA landlord's motion to quash an appeal, focussing on motion evidence from affidavits and cross-examination on the affidavit [under R39.01 and R39.02]:
[28] Rule 39 of the Rules of Civil Procedure governs evidence on motions and applications. Evidence is permitted by affidavit by virtue of r. 39.01(1). Affidavits based on information and belief are permitted so long as the source of that information is set out in the affidavit: r. 39.01(4). Rule 39.02 provides the opposing party the opportunity to cross-examine on an affidavit filed in support of a motion, subject to the court’s discretion to refuse an adjournment for that purpose where the right to cross-examine has not been exercise with reasonable diligence.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
