Evidence by affidavit
6.06 Evidence by affidavit
All evidence in respect of an interlocutory application is to be given by affidavit unless the Court orders otherwise.
An affidavit may contain a statement of fact based on information and belief if the grounds are set out.
A party cannot cross-examine the deponent of an affidavit unless the Court orders otherwise.
If a party proposes to place the report of an expert medical witness before the Court, the medical expert is not required to make an affidavit annexing the report if:
the report is annexed to an affidavit made by a party or a representative of a party; and
copies of all correspondence and documents placed before the medical expert to request or enable the report to be prepared are annexed to the affidavit; and
the qualifications of the medical expert appear sufficiently on the face of the report or are otherwise established in the affidavit to the satisfaction of the Court.
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