What are the limits of what can be included in an affidavit in a family law proceeding?
Saskatchewan, Canada
The following excerpt is from Dougherty v. Leach-Dougherty, 2004 SKQB 195 (CanLII):
I also bring to the attention of both counsel for the applicant and counsel for the respondent that the affidavits filed in support of and in opposition to the application to vary contravened Rule 603 time and time again. The affidavits were not confined to facts within the personal knowledge of the person signing the affidavit. The affidavits contained argument and speculation. They contained hearsay evidence without specifying the circumstances that justified the use of such information. The affidavits also contained material that was irrelevant. Counsel are urged to review the decision of Laing, J. in Gusikoski v. Gusikoski (supra) for examples of what may or may not be included in an affidavit in a family law proceeding.
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