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1. This is an appeal from the decision of Mr. Registrar Silke when he granted an application under 0.39 r.2 for the examination in Canada on behalf of the defendant of a witness FUNG Kai-sui. The prospective witness is the father of the defendant and the widower of TANG Siu as whose executor the defendant is sued. The proceedings in which the evidence of Mr. Fung is desired are for a sum of $1,939,542.13 with interest at $541.81 per day which sum is claimed by the plaintiff under a deed dated 31