What happens when the parties file contradictory affidavits?

Ontario, Canada


The following excerpt is from Bourgon v. Paquette, 2004 CanLII 5924 (ON SC):

Perkins J. in Baldwin v. Timmermans, [1996] O.J. No. 3945, stated at para. 25 of his decision what happens when the parties file contradictory affidavits:

Other Questions


If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Does the deponent in the supporting affidavit on a motion for particulars need to be the moving party and not the solicitor representing that party? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party? (Ontario, Canada)
Is a party entitled to rely on the fact that another party has retained counsel for advice in the negotiation process? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
When a joint contribution is matched and fair, when the contributions of the parties are matched, is one party required to pay back the value of the benefit received? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.