The plaintiff brought a motion for particulars regarding allegations of fraud and breach of fiduciary duty in the defendants' counterclaim.
In support, the plaintiff filed an affidavit stating he had no knowledge of the allegations.
The defendants sought to cross-examine the plaintiff on his affidavit, which the plaintiff resisted as an abuse of process and premature discovery.
The court held that while there is a prima facie right to cross-examine on an affidavit, the court has discretion to limit it to prevent a fishing expedition.
The court permitted the cross-examination but strictly limited its scope to the plaintiff's knowledge of the particulars sought.
