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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101016
Experience:  Lawyer
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Ontario - The Applicant (A) and Respondent (R) are separated

Customer Question

Ontario - The Applicant (A) and Respondent (R) are separated and going through court. At issue is a private mortgage with A's parents (P) which R claims is invalid. R therefore adds P to the case as Added Respondents. P wants nothing to do with the case and initiates a Motion for Summary Judgement on the mortgage and files the Notice for Motion and Affidavit. R files the responding materials and will question P about their affidavit and would also like to question A to help his case as A stands to benefit if P succeeds in their Summary Judgement. What legal right has R to question A? Can R summon A to answer questions related to P's affidavit or to confirm R's own affidavit? Does R need to serve P's Motion material to A along with its response material? Does R require a form to summons A?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Any party to the proceeding has the right to cross examine on any affidavit relating to the proceeding so R can cross-examine A if A has filed an Affidavit for the motion.

If A has not file any affidavit then there is nothing to be cross-examined on and R can only defend the application for Summary Judgment by putting all evidence in R's Affidavit.

R does not have to serve A with P's motion material. R doesn't have to serve P with the response either unless A has become involved in the motion and filed materials.

Customer: replied 1 year ago.
I thought I had read somewhere in all the legal material I've looked at but can not currently find again, that a party can cross-examine any other party involved in the case that is to benefit from the filed affidavit. In other words if A benefits if P wins then A is also subject to questioning of P's affidavit especially when A was involved in the matters discussed in the affidavit. Is there a web site that discusses Summary Judgement procedures in more detail when involving Added Respondents?
Expert:  Debra replied 1 year ago.

I am going to opt out and let another expert step in who may know more about this issue.