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Civil Litigation - Evidence - Motions and Applications - Out-of-Court Examinations [R39.03]

. Juriansz v. Gurevich

In Juriansz v. Gurevich (Ont Div Ct, 2026) the Ontario Divisional Court dismissed an appeal, this brought against "the decision of Associate Justice .... that dismissed this action for delay and discharged the certificates of pending litigation (“CPLs”) ...".

Here the court considers R39.03 ['R39 Evidence on Motions and Applications - Evidence by Examination of a Witness - Before the Hearing']:
[34] Rule 39.03(1) of the Rules of Civil Procedure states that a person may be examined as a witness before the hearing of a pending motion or application for the purpose of having a transcript of his or her evidence available for use at the hearing. Rule 39.03(3) states that the right to examine shall be exercised with reasonable diligence. ....

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Last modified: 20-04-26
By: admin