Counsel for the claimant referred to Quigg v. Quigg, 2019 BCSC 628 for the principles and test to apply in determining whether the affidavit should be admitted. At para. 20, Madam Justice Choi noted previous authority that indicated that “the court should exercise its discretion to admit late-filed affidavits sparingly, and only in clearly meritorious cases, where to exclude the evidence would result in a ‘substantial injustice’.” She went on to set out a three part test. Applying that test, I have determined that the affidavit should not be admitted.
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