“ Even credibility is unlikely to be much affected where the question relates to the contents of ancient documents to which the witness was not a party and which most probably predate her lifetime by many years. Cross-examination on an affidavit is not a substitute for examination for discovery either oral or documentary and is not the proper method of obtaining relevant documents in the possession of the opposite party. ”
Summary
“Khadr vs. Canada”, is a work by . It explores elements such as affidavit, deponent and examination for discovery.
Quotes from Khadr vs. Canada ()
“ It is clear that there exists inconsistency in the existing decisions of this Court regarding the obligation of a deponent on cross-examination to inform himself as to matters within his power or control. However, the Plaintiff submits that the weight of authority clearly favours the view that a witness put forward by a large agency such as the government must inform himself as to matters relevant to the motion. ”
“ Crown counsel said a deponent being crossexamined does not have to inform himself regarding matters not within his knowledge. Mr. Hooper also provided evidence that CSIS had passed interview notes to the US authorities. When asked to produce a copy of the reports, Crown counsel objected saying a deponent being crossexamined on his affidavit is not obligated to provide documents not referred to in his affidavit. ”
