What is the test for admitting an affidavit at trial?
British Columbia, Canada
The following excerpt is from Zhang v. Sun, 2016 BCSC 1418 (CanLII):
The admissibility of affidavit evidence at trial was considered in Shum v. Tam, 2014 BCSC 1762. The court held affidavit evidence may be admitted in place of oral testimony where it is necessary, demonstrates threshold reliability and the balance of prejudice favours the party seeking to rely on the affidavit.
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