The plaintiff brought a refusals and undertakings motion arising from the cross-examinations of two deponents on the plaintiff's pending partial summary judgment motion for rent arrears under a commercial lease.
The plaintiff sought to strike the affidavits or compel answers and document production regarding corporate liability and the removal of fixtures.
The court applied the principles from Ontario v. Rothmans Inc. regarding the scope of cross-examination on an affidavit.
The court ordered the deponents to reattend to answer certain relevant questions and produce specific documents, but declined to compel answers to irrelevant questions or strike the affidavits.
