Supreme Court Rules 1987

(1) Notwithstanding rule

40.02, the Court may order that evidence be given:

(a) orally on the hearing of an interlocutory or other application in a proceeding or at the trial of a proceeding commenced by originating motion;

(b) by affidavit at the trial of a proceeding commenced by writ.

(2) Where the Court makes an order under subrule (1)(a), it may direct that the party on whose application the order is made give such notice as it thinks fit to the other parties of the oral evidence the party proposes to adduce.