What is the test for preferring an affidavit over an affidavit?

British Columbia, Canada


The following excerpt is from A.E.O. v T.K.O, 2018 BCSC 178 (CanLII):

That principle was recently restated in Cory v. Cory, 2016 BCCA 409 at para. 10 as follows: there must be documentary evidence, evidence of independent witnesses or undisputed evidence that undermines the affidavit of one of the parties on critical issues or some other basis for preferring one affidavit over another.

Other Questions


When Baljit Singh swore his affidavit that the parties were not separated when Baljinder swore his May 4, 2015 affidavit, does he have to prove that they were separated? (British Columbia, Canada)
Can a lawyer be found guilty of professional misconduct by signing the jurat of an affidavit as having been sworn before her as a commissioner for taking affidavits? (British Columbia, Canada)
When there is no trial, can a final judgment based on an affidavit be based on affidavits? (British Columbia, Canada)
When faced with conflicting affidavits in a summary trial, can a judge make a decision between two opposing versions of the affidavit? (British Columbia, Canada)
Is amplification of an affidavit sufficient to compel a judge to approve the affidavit? (British Columbia, Canada)
Is a chambers judge obliged to remit a case to the trial list just because there are conflicting affidavits? (British Columbia, Canada)
Is solicitor-client privilege waived by implication when a solicitor "enters the fray" by providing affidavit evidence? (British Columbia, Canada)
What is the penalty for a lawyer who counselled an articled student to swear an affidavit improperly? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
What is the impact of inadmissible evidence in an affidavit? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.