2011 October 6

St. Lewis v. Rancourt, 2011 ONSC 5923

The Ontario Superior Court of Justice granted the plaintiff’s motion to compel the defendant and a defence witness to answer certain questions and to submit to further cross-examination on affidavits. Plaintiff’s counsel also asked for direction from the Court as to who may attend at the cross-examination because certain individuals who are not parties to the action attended at a prior cross-examination and refused to leave notwithstanding the objections of plaintiff’s counsel. “One of these observers then posted comments on the internet describing the cross-examination and attributing unethical behaviour [to plaintiff’s counsel] while also suggesting the plaintiff herself was somehow associated with evidence of wrongdoing … .” The court rejected defence submissions that the public was entitled to attend the cross-examination and directed that only the parties and their lawyers and the court reporter could attend.