As the legal system clumsily attempts to proceed along remotely during a pandemic, parties have tried their best to continue to move things along.
This approach was never entirely without risk, and a new decision by the Ontario Superior Court of Justice in Kaushal v. Vasudeva et al. highlights some of these risks. The motion was to strike out evidence based on misconduct and abuse of process during a remote cross-examination.
The cross-examination of the affidavit occurred via Zoom, with an interpreter present in the same room. There was also a court reporter present virtually.
Although the examining counsel inquired . . . [more]