Can an affidavit be struck from the side of the affidavit of the applicant?
Ontario, Canada
The following excerpt is from Adjey v Chickery, 2017 ONSC 794 (CanLII):
In Cameron v. Taylor 1992 CarswellOnt 3360, the respondent sought to strike paragraphs in the affidavits of the applicant on the grounds that such paragraphs contain statements of the deponent’s information and belief on contentious issues and fail to set out the source of the information and the fact of the belief, contrary to Rule 39.01(5).
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