Motion to cross-examine affiant granted despite expired timetables; compensation claim dismissed for procedural irregularity.
The respondent, Roswita Zgraja, brought a motion seeking advanced costs, compensation, and the right to cross-examine the applicant on his affidavits in a guardianship dispute.
The court adjourned the claim for advanced costs and dismissed the claim for compensation without prejudice, noting it should be brought by way of application rather than a motion.
The court granted the request to cross-examine the applicant, finding that despite the expiration of previous timetables, the moving party had made efforts to comply and the evidence sought was relevant to allegations of misappropriation.
Helmut Zgraja v. Hilde Magdalena Zgraja et al., 2015 ONSC 5638
