What is the effect of having to file an affidavit before a motion is granted?
Saskatchewan, Canada
The following excerpt is from Myhra & Elliott, In re, 1915 CanLII 234 (SK QB):
It was argued that the applicant should have leave to file a further affidavit. I think that this is more than a mere irregularity; that the filing of this affidavit was a condition precedent to the granting of the writ and that leave should not on this application be granted to file an affidavit of the applicant. See Kerr v. Sutor, 6 Terr. L.R. 255.
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