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The Hon. Justice Paul M. Perell Superior Court of Justice (Ontario) Henry A. Gluch

Osgoode Hall Law School Professional Development CLE Evidence Law for the Civil Litigator 8 th Annual Conference Evidentiary Problems on Motions and Applications. The Hon. Justice Paul M. Perell Superior Court of Justice (Ontario) Henry A. Gluch

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The Hon. Justice Paul M. Perell Superior Court of Justice (Ontario) Henry A. Gluch

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  1. Osgoode Hall Law SchoolProfessional Development CLEEvidence Law for the Civil Litigator8th Annual ConferenceEvidentiary Problems on Motions and Applications The Hon. Justice Paul M. Perell Superior Court of Justice (Ontario) Henry A. Gluch General Counsel, Department of Justice (Canada) October 25, 2011

  2. Evidence for Motions and Applications Compared to Evidence for Trial • Evidence for trial viva voce testimony •   Evidence for motions and applications Affidavits and transcripts of cross- examinations

  3. Affidavits • Choice of affiants Personal knowledge Information and belief Counsel’s affidavit Multiple affiants • How informed must a deponent be or become? • Exhibits Relation to affiant

  4. When to Cross-Examine • Practical and strategic considerations • Notice of Examination / Direction to Attend

  5. Scope of the Various Examinations • Difference between: Cross-examination on an affidavit Examination for discovery Cross-examination at trial • Proportionality principle • Counsel’s response

  6. Undertakings • Contrasted with undertakings on an examination for discovery •   Can they be requested? •   If refused, can an answer be compelled?

  7. Evidence for ex parte Motions and Applications • Compared to motions and applications on notice •   Full and frank disclosure •   Should you lead evidence of immaterial facts?

  8. Use of Evidence at Hearing of Motions and Applications • Tips from the bench

  9. Rules of Civil Procedure

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