There is no “rightâ€, so to say, to conduct questioning under Rule 20(5) of the Family Law Rules. A threshold needs to be met by the party seeking questioning for it to be justified. The three factors that are considered are:
1. It would be unfair to the party seeking questioning to carry on with the case without it;
2. The information to emerge from questioning is not easily available by any other method; and,
3. The questioning will not cause unacceptable delay or undue expense.
If there is no new relevant information that is expected to emerge from questioning, then courts will not be forthcoming about compelling it. The purpose of questioning is not to diminish, intimidate or embarrass a former spouse. It is to bring light to information that cannot be gained solely by way of affidavits or documents.
http://www.canlii.org/en/on/laws/regu/o-reg-114-99/latest/o-reg-114-99.html