What is the test for granting leave to tender additional affidavits?

British Columbia, Canada


The following excerpt is from A.R.J. v Z.S.H, 2021 BCSC 274 (CanLII):

In Quigg v. Quigg, 2019 BCSC 628, Madam Justice Choi held that in determining whether to grant leave to a party to tender additional affidavits, the court should balance such factors as: (i) prejudice to the other party, (ii) the importance of the evidence to a proper determination of the case on the merits, and (iii) the interests of justice.

Other Questions


Is there any case law where a justice in chambers refused to grant leave to proceed with an appeal under s. 25(2) of the Criminal Code? (British Columbia, Canada)
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)
When a grant is valid but not specific about what may be constructed, even if the grant does not specify what can be built on the land, does the grantee have to be an excessive user? (British Columbia, Canada)
What is the privilege clause in the call for tenders in a call for tender? (British Columbia, Canada)
What is the legal test for granting leave to proceed with an appeal? (British Columbia, Canada)
What considerations will be considered in deciding whether to grant leave to appeal? (British Columbia, Canada)
What is the test for granting leave and license to sublet an apartment without the landlord's consent? (British Columbia, Canada)
Is amplification of an affidavit sufficient to compel a judge to approve the affidavit? (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)
What are the implications of a grant or a grant? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.