O. Exclusion of Party from Hearing

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 555-556

Page 555

Although the court has an inherent jurisdiction to exclude a party from the courtroom during a trial by reason of gross misconduct, contempt of court, or equally grave causes, a party is ordinarily entitled as of right to attend the trial and to hear all of the testimony.¹³⁷Similar criteria apply to examinations for discovery and cross-examination on affidavit evidence.¹³⁸

Since there is an inherent right to be present during the examination for discovery of any other party, the discretion to exclude a party should only be exercised where such exclusion

Page 556

is necessary to secure the ends of justice and the onus of proof falls on the party seeking the exclusion.¹³⁹

[137] Hemming v. Hemming (1983), 33 R.F.L. (2d) 157 at 172 (N.S.C.A.).

[138] Wakim v. Wakim, unreported (29 May 1987) (Ont. H.C.J.); compare Piper v. Piper (1988), 65 O.R. (2d) 196 (H.C.J.).

[139] Kadar v. Kadar, unreported (28 July 1994) (Ont. Ct. Gen. Div.) (action for damages for sexual abuse).