Law Society of Ontario (LSO) Paralegal Practice Exam

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Which of the following is a valid ground for quashing a subpoena?

The witness has no recollection of events
The information is irrelevant
The proceeding is without jurisdiction due to flawed information
Witness has already testified

The correct answer is: The proceeding is without jurisdiction due to flawed information

A valid ground for quashing a subpoena is when the proceeding is without jurisdiction due to flawed information. Jurisdiction refers to the authority of a court or tribunal to hear a case and make legal decisions. If there is inadequate or incorrect information that underpins the jurisdiction, it undermines the validity of the entire proceeding. If a subpoena is issued in a context where the court lacks jurisdiction to act, it would not only be invalid but could also lead to legal challenges concerning the enforcement of such a subpoena. While other reasons provided may involve objections to subpoenas, they do not fundamentally challenge the authority of the court or tribunal in the way flawed jurisdictional information does. For instance, a witness having no recollection of events or having already testified can affect the utility of the subpoena but do not address the legality of the authority to issue it. Irrelevance of information can be a concern regarding the need for the testimony but does not address jurisdictional issues either. Therefore, asserting a lack of jurisdiction due to flawed information is a strong and valid reason for quashing a subpoena.