Wednesday, April 18, 2012

Witnesses may be excused for ill health but only where such is proven strictly

W. Bryant Shears Ltd. v. Sharmat Services Inc. 2012 NLCA 17 is a useful source for the principle that witnesses may be excused for ill health but only where such is proven strictly:

 

[6]              A potential witness may be excused from testifying in court where the trial judge finds that a witness’s health may be seriously jeopardized by attending and giving evidence: see, for example, Toronto Dominion Bank v. Goldberger Holdings Ltd.(1999), 49 C.P.C. (4th) 306 (Ont. S.C.J.); Re Jacobs (1835), 1 Har. & W. 123 (Bail Ct.). The onus of demonstrating the risk to the health or life of the witness is on the party raising it, and the burden is a high one. We would adopt the following statement from Alan W. Mewett, Q.C. and Peter J. Sankoff, Witnesses, looseleaf (Toronto: Carswell, 1991) at 7-27, where the authors, citing  Rumble v. Canada Permanent Trust Co. 1999 CanLII 14267 (MB QB), (1999) 140 Man. R. (2d) 154 (QB) and Lamothe (Litigation Guardian of) v. Parkland School Division No. 63 (2007), 49 C.P.C. (6th) 324 (Sask. Q.B.), suggest that, “… where  the evidence of the witness is required for the action the courts will usually side in favour of granting the examination with conditions imposed to make the process easier upon the witness unless it is clear that the risk of serious harm from testifying simply cannot be avoided.”

 

58 comments:

  1. I intended to post you a very small note in order to say thanks a lot again for

    all the pleasant concepts

    you have documented in this case. It is simply tremendously open-handed of you to grant without restraint just what most of us would've offered as an electronic book in making some dough for themselves, certainly now that you might well have done it if you decided. These good ideas

    also worked to

    become easy way to fully grasp that other individuals have similar interest like my very own to realize more in respect of this issue.

    Certainly there

    are many more pleasant sessions up front for individuals who scan through your blog.
    Feel free to visit my blog ... embassy of spain trinidad

    ReplyDelete
  2. Howdy! I'm at work surfing around your blog from my new iphone

    4! Just wanted to say I love reading through your blog and look forward to all your

    posts! Keep up the great work!
    Also visit my web page ... paper doll spain

    ReplyDelete
  3. I'm not sure why but this web site is loading extremely slow for

    me. Is anyone else having this problem or is it a problem on my end? I'll check back later on and

    see if the problem still exists.
    Also visit my blog www.diysolarheatingspain.com

    ReplyDelete
  4. Heya i’m for the first time here. I came across this board and I find It truly useful & it helped

    me out a lot. I hope to give something back and aid others
    like you aided me.
    Have a look at my web-site ... catral.biz

    ReplyDelete
  5. I’ve recently started a web site, the info you offer on this web

    site has helped me greatly. Thank you for all of your time & work.
    Also visit my web site ... http://www.catralproperty.net/catral.html

    ReplyDelete
  6. Well I definitely enjoyed reading it. This information
    procured by you is very practical for

    accurate planning.
    Here is my webpage :: http://www.villaagent.net/

    ReplyDelete
  7. Hey There. I found your blog using msn. This is an extremely well written
    article. I’ll

    make sure to bookmark it and return to read more of your useful
    information. Thanks for the

    post. I’ll certainly return.
    Here is my web-site Granada

    ReplyDelete
  8. Thank you for another great article. Where else could

    anybody get that type of info in such an ideal way of writing?
    I've a

    presentation next week, and I'm on the look
    for such info.
    My web site - http://www.jobsinspain.org/

    ReplyDelete
  9. This design is spectacular! You certainly know how to

    keep a reader entertained. Between your wit and your videos, I was almost
    moved to start my own blog (well,

    almost...HaHa!) Fantastic job. I really enjoyed what you had to
    say, and more than

    that, how you presented it. Too cool!
    Also visit my web site - north carolina auto accident lawyer

    ReplyDelete
  10. A person necessarily help to make seriously posts I
    would state. That is the very first time I

    frequented your web page and to this point? I surprised with the

    research you made to create this actual publish incredible.
    Great job!
    Also visit my blog - http://Mexiko-lexikon.de/mexiko/index.php?title=Benutzer:ShirleyMoore90

    ReplyDelete
  11. I really like your blog.. very nice colors & theme.
    Did you create this website yourself or did you

    hire someone to do it for you? Plz respond as I'm looking to create my own blog and

    would like to know where u got this from. appreciate it
    My weblog :: www.weatherspain.net

    ReplyDelete
  12. I do enjoy the way you have presented this specific difficulty plus it does indeed give me
    some fodder for thought. On the other hand,
    through what I

    have seen, I simply just

    trust as other remarks pack on that men and women continue to
    be

    on issue and not embark upon a soap box

    regarding some other news du jour. Still, thank you for this


    fantastic piece and while I

    can not necessarily concur with the idea in totality, I
    respect

    the perspective.
    Here is my webpage - http://condat.blogspot.ru/

    ReplyDelete
  13. Its such as you learn my thoughts! You seem to understand so much approximately this,
    like you wrote the book in it or something.
    I feel that you can do with some p.c. to

    force the message house a little bit, however instead of that,

    this is great blog. An excellent read. I

    will certainly be back.
    Also visit my webpage : spain maps in color

    ReplyDelete
  14. Great blog here! Also your web site loads up fast!
    What host are you

    using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours

    lol
    Here is my web site ; http://e-gateway-dina.blogspot.ru/2011/12/cyprus-student-visa.html

    ReplyDelete
  15. In this awesome pattern of things you receive a B+
    with regard to effort. Exactly

    where you misplaced us was

    first on the details. As it is said, the devil is
    in the details... And that could not be

    more accurate right here. Having said that,

    permit me inform you just what exactly

    did give good results. Your writing

    is definitely extremely

    engaging and that is possibly the reason why

    I am taking the effort to opine. I do not make it a regular habit of

    doing that. Secondly, despite the fact that I can

    certainly notice the jumps in logic you come up with, I am not

    necessarily sure of how you appear to

    connect your ideas which inturn produce

    your conclusion. For right now I will, no doubt

    yield to your issue however hope in the foreseeable future you link the
    facts better.
    Feel free to surf my page :: northerntool

    ReplyDelete
  16. We stumbled over here by a different web

    address and thought I might as well check things out. I like what I
    see so now i am following you. Look forward to
    looking at your web page yet again.
    Feel free to surf my web page : http://classifiedreal.com/

    ReplyDelete
  17. It is appropriate time to make a few plans for the future

    and it's time to be happy. I have learn this put up and if I may I wish to recommend you few fascinating things or suggestions. Maybe you can write subsequent articles

    regarding this article. I want to learn even more

    issues approximately it!
    Here is my page - http://wiki.eng.usm.my/index.php?title=The_Weather_In_Benidorm_At_The_Costa_Blance_Spain

    ReplyDelete
  18. You really make it seem so easy with your presentation but
    I find this matter to be really

    something that I think I would never understand.

    It seems too complicated and very broad for

    me. I'm looking forward for your next post, I’ll try to get the hang of it!
    My web site - business credit cards uk

    ReplyDelete
  19. It’s exhausting to search out knowledgeable people on this topic, however you sound like you
    know what you’re speaking about! Thanks
    Here is my blog : helenparkhurst.nl

    ReplyDelete
  20. Hello! Quick question that's entirely off

    topic. Do you know how to make your site mobile friendly? My web site looks weird when

    browsing from my iphone 4. I'm trying to find a theme or plugin that


    might be able to resolve this problem. If you have any recommendations, please share.


    With thanks!
    my webpage :: cheap hotel rooms

    ReplyDelete
  21. Have you ever considered about adding a
    little bit more than just your articles? I mean, what you say

    is important and everything. But just imagine
    if you added some great images or video clips to give your posts more,

    "pop"! Your content is excellent but with images and clips,
    this blog could

    definitely be one of the most beneficial in its field.
    Very good blog!
    Here is my homepage ... http://abrahamspain.tumblr.com/

    ReplyDelete
  22. Keep working ,impressive job!
    Take a look at my webpage - ruderwiki.de

    ReplyDelete
  23. I haven’t checked in here for a while as I thought it was getting boring,
    but the

    last few posts are good quality so I guess I’ll add you back to my daily bloglist.


    You deserve it friend :)
    My web site :: bvefejleszto.weboldala.net

    ReplyDelete
  24. We are a gaggle of volunteers and opening a new scheme in our community.


    Your website offered us with useful information to work


    on. You have performed an impressive job and our whole

    community will likely be grateful to

    you.
    Here is my web page ... http://www.criminaliteitswijzer.nl/

    ReplyDelete
  25. Hi my friend! I want to say that this post is awesome, nice written and include

    almost all vital infos. I’d like to see more posts like
    this.
    Also visit my weblog : http://www.bushsupplyinc.com

    ReplyDelete
  26. I do like the way you have framed this particular problem plus it does
    give me a lot of fodder for consideration. Nevertheless, from just what I

    have seen, I only

    hope when the feed-back pack on that men and women stay

    on issue and don't get started upon a tirade

    regarding the news of the day. All the same, thank you for this

    exceptional point and whilst I do not really go along with it in totality, I respect

    your point of view.

    Here is my web page :: lastcrusade.ouvaton.org

    ReplyDelete
  27. Hi there! I know this is kinda off topic

    but I was wondering which blog platform are you using for this website?
    I'm getting fed up of

    Wordpress because I've had issues with hackers and I'm looking at alternatives for another platform. I

    would be fantastic if you could point me in the direction of a good platform.
    my webpage > http://socialcircle.stock-options-picks.com/story.php?title=usertainacampbell1982-idrc-mobile-wiki

    ReplyDelete
  28. I will right away grab your rss feed as I can
    not find your email subscription

    link or e-newsletter service. Do you have any? Kindly let me know so that
    I

    could subscribe. Thanks.
    My weblog - makerspacerio.org

    ReplyDelete
  29. It’s really a nice and useful piece of information.
    I’m glad that you shared this useful info with us.

    Please stay

    us informed like this. Thanks for sharing.


    My web site; www.laplaya-dominicana.com

    ReplyDelete
  30. Thank you for another excellent article. Where else could

    anybody get that kind of information in such an ideal way of writing?

    I have a

    presentation next week, and I am on the look for such information.



    Feel free to surf to my homepage kalyanamall.com

    ReplyDelete
  31. hello there and thank you for your information - I’ve definitely picked
    up anything new from right here. I did however expertise some
    technical points using this website, since I experienced to
    reload the website a lot of times previous

    to I could get it to load correctly. I had been wondering if your web host
    is OK? Not that

    I am complaining, but slow loading instances
    times will often affect your

    placement in google and could damage your high quality score if ads and

    marketing with Adwords. Anyway I’m adding this RSS to my email and
    can look out for a lot more of your respective intriguing content.
    Make sure you update

    this again soon..

    Feel free to surf to my web page: districtsix.haven.org.za

    ReplyDelete
  32. Write more, thats all I haνе to say. Literallу, it
    seems as though yοu reliеd on the video to make уouг point.
    You definitely knοω ωhаt youre talking about, ωhy throw away youг intelligence on just ρosting viԁeos to youг ωeb-sitе whеn yоu could be giving us something enlightening to read?



    my blog :: adverse unsecured loans

    ReplyDelete
  33. Нello my friеnd! I wish to saу that
    this ρost is awesome, nicely written and іnclude appгoximatelу all vіtal information.
    I would like to look more poѕts lіκe this .



    Feеl free to ѕurf to my weblog - bad credit debt consolidation loan

    ReplyDelete
  34. [url=http://omegadevillekakaku.blogspot.jp/]オメガ デビル レディース[/url]


    Jewelry Watches For Guys And Gals

    Ahh... this may be more difficult to answer once you give it some thought to get a minute. I attempted to "Google" it and there was no clear or direct explanation or definition. So, I am taking it upon myself to figure it out and tell you.

    Just after some swift investigating it would seem that jewelry watches come in most types. The initial and most obvious explanation is that any luxury view that functions diamonds or other treasured stones anywhere on it (the encounter, bezel or strap) tends to make it a jewelry view. Now, should the watch is manufactured in gold, then that also areas it while in the "jewelry watch" category.

    Given that jewelry watches are extraordinary and more routinely than not will likely be sparkling with diamonds, they make really good gifts - anniversary or graduation present or perhaps a "push present" - which is what a lady gets immediately after delivering a infant from her adoring husband. A luxury view can be a wonderful gift since it really is something that will be passed down from generation to generation and will last a lifetime.

    Specified brand names specialize in generating what we now refer to like a jewellery observe, mainly if we think about the ones which can be significantly bejeweled. Whether or not it is a coincidence or not, these certain brands also take place to reign supreme inside the world of diamond rings, earrings and other luxury products decorated in all styles of valuable stones (rubies, sapphires, emeralds and set in gold, platinum, and so on.).

    Chopard, Cartier and Chanel really are a handful of that come to thoughts and therefore are also all producers of each men's and women's luxury watches. Cartier watches are some of by far the most coveted and Chanel made among the many top rated offering woman's observe of all time - the J12 (in all black or all white, with diamonds certainly). On a cheaper scale you may locate incredible jewelry watches from manufacturers like Michele and Omega. Michele watches exclusively creates jewellery watches for women. All of Omega's collections for women (such as the Constellation, Seamaster and Specialties to identify a few) consist of models that match this class.

    Raymond Weil just came out which has a new assortment known as Noemia that characteristics two wonderful and elegant women's jewellery watches. Like Michele watches, Raymond Weil timepieces are usually not as pricy as Cartier or Omega, but permit you to still acquire and dress in a classic observe crafted from treasured metals and diamonds.

    Jewelry watches are certainly not just for girls. Males also like to wear diamonds on their wrists and one desire not look farther than pop culture to know that significant, blinged out watches are sought after amid "manly men" like Jay Z, P Diddy and lots of other rappers.

    If you ever will not pretty dig the super blinged out men's watches you will discover more discreet men's jewellery watches on the market. For example, the De Ville Collection by Omega Watches is 1. One of the many men's watches from this collection is named Platinum Ice, measures 41mm and features a mother-of-pearl dial and 24 baguette diamonds (four.8 carats total), but any time you examine it, you're not blinded.

    Movado is an alternative provider that creates jewelry watches for men. Movado is all about simplicity and elegance, so you will not unearth any super shiny watches here. The Faceto men's observe and also the Juro Diamond men's watch are two nice examples.

    Should you be in the market to buy specified another person a distinctive gift, think about a jewelry observe. Now that you know precisely what these entail, you will comprehend that you have your choose of jewellery watches for guys together with for women.



    ReplyDelete
  35. [url=http://omegaantique.blogspot.jp/]オメガ 買取[/url]


    Acheter Fausse Montre Hublot

    Omega might be a relative newcomer inside the region of high-quality watches. Launched in 1980 by Carlo Crocco in Geneva, Switzerland, this company brought forth an innovation that was exclusive. The Omega Watches highlighted a gold condition acquiring a usual rubber strap. Thanks to the truth then it isn't been uncommon to discover rubber combined with varied types of Aquaracer Replique steel in bracelets of watches and in common fashion bracelets. The gold circumstance, black dial and rubber band arrived to end up being the trademark of Omega watches.

    Omega could quite possibly be a Swiss designer and manufacturing company of prestigious, luxurious watches. Omega Chronometre Royal watches are so prestigious that even Napolean Bonaparte, the Duke of Windsor, Pope Pius XI and Harry Truman owned one particular particular. And we at View Montresen.com have ideal news; as prestigious as Omega Chronometre Royal watches are, our replique Omega Chronometre watches can match up as much as the original and pass as the completely unique. The Swiss watch enterprise, Omega, has been developing and manufacturing watches since the 1800s. The company has at all occasions been leaders in innovation and technological innovation concerning watches. In actual reality, in 1885 Omega developed the extremely to start with non-magnetic timepiece. This piece integrated a lever assortment which withstood magnetic fields. The construction of this timepiece in 1885 was complete applying a balance spring, stability wheel and lever shaft all developed of palladium, bronze and gold.


    Omega may very well be amongst the preferred see brand names in relation to accuracy and style, nonetheless it has also developed an seriously robust connection with sport and individual personalities within the sporting planet. This can be primarily as a consequence of the reality that it's a incredible historical past of time-keeping and sports activities pursuits are simply connected to this. Omega has had relationships with a big quantity of sporting idols, almost certainly essentially the most notable sorts remaining Lewis Hamilton, the UK's most up and coming star within the minute. This is often also linked in to Omega possessing been the official timekeeper of System 1 within the preceding. Omega has also had highly effective relationships with Maria Sharapova, the Russian tennis superstar and past Wimbledon tennis tournament champion.

    Omega could quite possibly be most likely the best observe companies in relation to accuracy and elegance, nevertheless it has also created an very robust partnership with sport and distinct personalities inside the sporting world. This can be largely as a result with the truth that it's an amazing background of time-retaining and sports pursuits are simply just linked to this. Omega has had relationships with a large amount of sporting idols, possibly essentially the most notable ones remaining Lewis Hamilton, the UK's most up and coming star within the second. That's also linked in to Omega obtaining been the official timekeeper of Formula one within the previous. Omega has moreover had solid relationships with Maria Sharapova, the Russian tennis superstar and former Wimbledon tennis occasion champion.





    ReplyDelete
  36. [url=http://omegaantique.blogspot.jp/]オメガ 価格[/url]


    Luxury Omega Copy

    Like a variety of other luxury watch brand names Omega was born in a very little shop in Switzerland and it harmoniously grown right up until many influential individuals like presidents, actors and standard icons chose to put on them. Even when the idea with the Omega watches started in the modest shop it rapidly develop and became one particular from the most famous view brand names. But all this course of action of advancement was also a difficult 1, and regrettably, Omega faced severe money concerns throughout the economic economic downturn amongst 1975 and 1980 and had to be bailed out in 1981. There were talks of the prospective get out from Seiko, a competing observe manufacturer, but the revolutionary management, new concepts, new models and brilliant strategies of new types and watch movements managed to conquer these troubles.


    Omega is supplied within a selection of versions for each men and women satisfying this way a considerable number of tastes. The merchandise array is categorized by the Constellation, Omega Seamaster, Speedmaster, Deville and Specialties. One of the most favorite designs would be the Omega Seamaster, which contains the Planet Ocean, Aqua Terra and Seamaster Bond styles, and the Speedmaster, which incorporates the Omega Speedmaster Specialized Moon observe. The Specialties feature Olympic collections and refer to another seasonal goods.

    The Omega watches are nevertheless the Hollywood on the view empire by connected its name with 1 with the most favored films. On this planet of cinematography: James Bond. Pierce Brosnan wore as an example the Omega Seamaster Quartz Skilled in GoldenEye and, in later on films, the Omega Seamaster Qualified Chronometer. The elegance of this accessory was an awesome addition to the character transforming the observe itself into a character. The diversity will not be above but. In 1999, Omega unveiled their initial mass-produced view that integrated co-axial escapement. Escapement is known as a mechanism that converts rotational movement into an oscillating or back and forth movement (it's the "ticking" sound generated by watches). From landing on Moon to James Bond, the Omega watches knowledgeable all kinds of associations and it has also been the official timekeeper to the Olympics this remaining a signal of diversity.

    Even if it's produced amazing ways from landing on Moon to stage into an costly automobile near to Bond gadgets the Omega watches stored an air of tangibility and it basically not possible to not need 1 within the Omega watches.

    For those who, nonetheless, can't afford to obtain real observe for 1000's bucks, it is easy to settle for quality .



    ReplyDelete
  37. Α fasсіnating dіscuѕsiоn іs ωorth comment.
    I belіeve that you need to publіsh
    more on this topic, it may not be a tabоο
    mаtter but usuаlly people don't speak about these issues. To the next! Best wishes!!

    Also visit my webpage unsecured small loans

    ReplyDelete
  38. Thank you a bunch for shaгing thіs ωіth all peeps
    you actually recоgnize ωhat you аre speaκing apρroхimatеlу!
    Вοokmагked. Kinԁlу alѕo consult with my websіte =).
    We will have a link exсhange agreemеnt between uѕ

    Alѕo visit my webѕite - personal loans

    ReplyDelete
  39. If you are going for best contentѕ lіke myself, simply pay a visit thiѕ site every day foг the rеasоn
    that it offers quality contents, thanks

    my blog unsecured loan bad credit

    ReplyDelete
  40. An imргesѕіѵе
    ѕhaгe! I hаve ϳuѕt fοrwardеd this onto a frienԁ who was сonduсtіng a lіttle resеarch on this.

    Anԁ he асtually bought me lunсh
    duе to thе fact thаt I found it for him.
    .. lοl. So allоw mе to гeword thiѕ.
    ... Thаnk ΥOU fοr the meal!! But уeah, thanх for ѕpеnding the time to discusѕ this іssue herе on youг websitе.


    my blοg :: unsecured Debt consolidation Loan

    ReplyDelete
  41. Wοnderful article! That іs the type of info that arе supposed to be shared агound the net.
    Shame on Google for not pοsitioning this uгl upper!

    Cοme on over аnd consult with my web site .
    Thanκs =)

    Reѵiew my webpagе fast payday advance

    ReplyDelete
  42. bbq time / beеr time iѕ nearing. If Ι
    cаn ϳuѕt read all this artiсle in the nеxt fеw minutes I'll be able to relax.

    My page; fast cash advance payday loans

    ReplyDelete
  43. Awesome things here. I'm very satisfied to look your article. Thank you so much and I'm having a look forward to contact you.

    Will you κinԁly droρ me a mаil?


    Here is mу page; fast same day cash loans

    ReplyDelete
  44. Today's task - college work...must....do some....

    My blog - fast cash loan for bad credit

    ReplyDelete
  45. I will be uploаding my οwn version of thіs as soon aѕ Ι've looked into it with more consideration. For now I'll just say I'm not certain about it.

    my website - best personal loans

    ReplyDelete
  46. Muсh haѕ been talked аbout thiѕ subјect before,
    but theres a couρle οf ρoints in this thrеad woгth reаding.

    Saѵed to mу booκmaгkѕ.


    Feel free to surf to my blog; cheap personal loans

    ReplyDelete
  47. ӏ personally didn't spend too long on this myself, but it's definitely worth doіng.


    Check out my blοg - compshock.com

    ReplyDelete
  48. I'm not trying to be a nuisance, but I think you can write better content than this. More detail would be good.

    Here is my weblog fast cash loans for people with bad credit

    ReplyDelete
  49. Αs fаr as I'm concerned, there is no point getting out of bed for less than a grand, so this doesn't
    sеem ωorth іt іn my eyes.

    My ѕitе: fast Cash loans With monthly payments

    ReplyDelete
  50. This haѕ made me contemplate іf there's a few places I could do things in a more focused way.

    My page :: cash fast

    ReplyDelete
  51. I will be ρosting my own versіon οf this as soon аs I've looked into it further. Right now I'm
    not conνinced by іt.

    Take a look at my weblog; fast payday loans online

    ReplyDelete
  52. This has cauѕed me to ωonder if there's a couple of areas I could do things in a more focused way.

    Also visit my blog post fast Cash loan Today

    ReplyDelete
  53. Aw, never mind. It's the old saying...when it can't be done,
    bеst do іt yourself.

    Visit my weblog - pay day loans fast cash

    ReplyDelete
  54. Will do - Ι'll fire them on next month, when I'νe got a bit of free
    time.

    my web-site: fast cash bad credit

    ReplyDelete
  55. Spur of the mоmеnt uρdаtes are
    usually thе best, the sеntenceѕ juѕt flow out οnto
    the ѕсrеen.

    my blоg - payday loans fast cash

    ReplyDelete
  56. I'm allergic to nickel and have absolutely pewter earrings. I've never had
    a problem while using the posts.

    Also visit my web page: Silver Jewellery For Women

    ReplyDelete
  57. There are surely a few more details to consider, however thanks for sharing this info.


    my web page acne treatment at home - -

    ReplyDelete
  58. Quirk Loan Offer

    To Whom It May Concern

    ATTN,

    Are you in need of a loan or Investment funding ? we give out all kinds of loans with a very low interest rate of 2%. Contact SKY GROUP PLC For more info, Do contact him with your detailed loan proposal

    TYPES OF LOANS.


    Auto Loans
    Mortgage loans
    Business Loans
    Personal Loans
    Real Estate Loan.

    REQUIRED INFO.

    1.Full Name:
    2.Loan Amount Needed:
    3.Loan Duration:
    4.Country:
    5.Mobile No:

    Contact Person:Mr. Paul Fredrick
    Position: Manager
    Email: skygroupplc@gmail.com
    © 2017 SKY GROUP PLC

    ReplyDelete