What is the impact of an affidavit providing background information and summaries in a consolidated proceeding?
Canada (Federal), Canada
The following excerpt is from Tsleil-Waututh Nation v. Canada (Attorney General), 2017 FCA 116 (CanLII):
As many of the foregoing authorities note, it is very helpful to the reviewing court for it to receive background information and summaries in affidavits where the matter being reviewed is complex. In Gitxaala Nation v. Canada, 2016 FCA 187 (CanLII)—the review of decisions pertaining to the Northern Gateway project—the background information in affidavits was extremely useful to the reviewing court. It was not left to grapple with hundreds of thousands of documents filed before it without a guide. It would not surprise me to learn that the number of documents in this consolidated proceeding is similar, if not more.
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