Can an affidavit be struck as inadmissible?
New Brunswick, Canada
The following excerpt is from Martin v Province of New Brunswick and Chaleur Terminals Inc, 2016 NBQB 138 (CanLII):
In Adam v. Canada (Minister of Environment), 2014 FC 1185, [2014] F.C.J. No. 1412, an affidavit of the applicant was struck as inadmissible by Tremblay-Lamer J. because the affidavit presented expert evidence on the adequacy of the conditions imposed on the proponent. The judge commented that since the applicant had the opportunity to adduce such evidence, they could not now do so by way of affidavit (para. 22).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the Sossin Affidavit necessary to include references to U.S. law? (New Brunswick, Canada)
Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence? (New Brunswick, Canada)
At what point will a plaintiff ever come to notice that he had been struck by another vehicle? (New Brunswick, Canada)
Can a cheque containing the words "full payment" be accepted in full? (New Brunswick, Canada)
What is the test for contributory negligence against an infant? (New Brunswick, Canada)
What is the test for a motion for non-suit? (New Brunswick, Canada)
What constitutes a breach of natural justice when a tribunal refuses to admit evidence that is relevant and crucial to a party's case? (New Brunswick, Canada)
What is the test for unreasonable delays in the process of determining whether a motion has been heard in the Superior Court of Justice? (New Brunswick, Canada)
What is the effect of a finding of guilty in a Notice of Complaint? (New Brunswick, Canada)
What is the legal test for making a material alteration to an instrument? (New Brunswick, Canada)
