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ARTICLE · 15 SEPTEMBER 2015

When Are Witnesses Allowed To Testify Via Video-Conference?

Minden Gross LLP
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A recent Superior Court decision canvassed the existing law pertaining to permitting witnesses to testify via telephone or video as opposed to in person...

CanadaLitigation, Mediation & Arbitration
Minden Gross LLP
Minden Gross LLP
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A recent Superior Court decision canvassed the existing law pertaining to permitting witnesses to testify via telephone or video as opposed to in person, and appears to have set out a template of the procedure by which such requests should be made and, if granted, carried out.

A few days before the commencement of trial, the defendants requested that five of their witnesses be permitted to testify via video-conference at the trial. Four of these witnesses live in the U.K. and the other witness lives in the United States. The plaintiff opposed the request which led to argument. The court permitted the request and indicated that more detailed reasons would follow. The reasons that were released after the conclusion of trial are interesting to say the least.

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