Can a party in default cross-examine the substitute accounting made by the opposite party?
Quebec, Canada
The following excerpt is from Wong c. Bill Wong inc., 2019 QCCA 789 (CanLII):
Once a judge has decided that the party obliged to render account has failed to do so, it is an established principle under article 678 C.C.P. that the party in default is prohibited from debating the substitute accounting made by the opposite party. The party in default may only cross-examine the opposite party on the evidence offered: Hemmings v. Hemmings, [1972] C.A. 261 at 262-4.
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