What is the test for striking a motion where the affiant makes legal arguments and draws legal conclusions?
Canada (Federal), Canada
The following excerpt is from Montoya Martinez v. Canada (Citizenship and Immigration), 2011 FC 13 (CanLII):
Third, contrary to accepted jurisprudence, the affiant makes legal arguments and draws legal conclusions and, to the extent that she does so, those arguments and conclusions should be struck. See Deigan v. Canada (Minister of Industry) (1996), 206 N.R. 195 at paragraph 2.
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