Is an affidavit from a lawyer not appropriate in support of a motion for summary judgment?

Ontario, Canada


The following excerpt is from Cunha et. al. v. DaCunha, 2022 ONSC 930 (CanLII):

It is common and not objectionable for counsel to provide affidavits which appends correspondence and deal with communication in the context of the action. This is especially so on procedural motions. This is not a motion for summary judgment or a dispositive motion where there is important evidence put forward that would affect the ultimate determination of the rights of the parties. In that context, affidavit from lawyers have been challenged. In Ferreira v. Cardenas, 2014 ONSC 7119, Myers J. set out why affidavits from lawyers and law firm staff are generally not appropriate in support of motions for summary judgment. He also acknowledged that there are some motions where evidence from the lawyers is important. This is one of those motions.

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