Arnold Schwisberg

The third party moved to strike several paragraphs of the defendant's affidavit filed for a simplified procedure trial.

The moving party argued the paragraphs introduced evidence refused on discovery and relied on inadmissible hearsay.

The court struck two paragraphs: one that improperly adopted another witness's affidavit and one containing inadmissible hearsay.

The court dismissed the remainder of the motion, finding the moving party was not prejudiced by the discovery refusal and that the other hearsay statements fell under the admissions exception.

The third party in an equipment rental dispute brought three preliminary motions before trial: to permanently stay the third party claim due to late disclosure of an alleged Mary Carter agreement, to permit calling an expert witness, and to permit cross-examination of the plaintiff's witness despite not defending the main action.

The court dismissed the motion for a stay, finding the agreed statement of facts was disclosed in a timely manner.

The court allowed the motions to call the expert witness and to cross-examine the plaintiff's witness, finding interference with the expert's retainer and relevance of the plaintiff's evidence to the third party's defence.