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ARTICLE · 11 JUNE 2015

The Last Word: When Can A Party File Further Affidavit Evidence After Cross-Examination

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The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination.

CanadaLitigation, Mediation & Arbitration
Alexandra White
Alexandra White
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The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination.

The plaintiffs commenced a class action law suit on behalf of persons in Canada who purchased lithium ion batteries or products containing these batteries. The plaintiffs alleged that a host of defendants had conspired to fix the prices of the batteries in a specific time period.

The plaintiffs brought a certification motion and a group of defendants (the "NEC defendants") brought a motion to challenge the jurisdiction of the Court (the NEC defendants have head offices in Japan).  The NEC defendants delivered an affidavit sworn by Mr. Narita which denied that the NEC defendants sold the batteries at issue in Canada.

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