Is a motion for leave required a defendant to file an affidavit setting out the facts on which they intend to rely?
Ontario, Canada
The following excerpt is from Abdula v. Canadian Solar, 2013 ONSC 5035 (CanLII):
In Silver v. Imax Corp., [2008] O.J. NO. 1844, van Rensburg J. held that section 138.8 (2) created a mandatory requirement for each defendant to file an affidavit setting out the facts on which the defendant intended to rely. It is to be noted that the defendant in that case had filed an affidavit in response to the motion for leave.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party who sets down an action for trial proceed with a motion for leave to dismiss the motion because of the ongoing pandemic? (Ontario, Canada)
Does conflicting affidavit evidence on material facts require a trial? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
Does a defendant have to prove their intention to set the vehicle in motion to be found guilty of careless driving? (Ontario, Canada)
What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record? (Ontario, Canada)
Does a finding that the moving party on a motion made without notice fully and fairly disclose all the material facts result in the order being set aside? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
Can a plaintiff rely on the evidence of defendants in their July 24, 2011 affidavits if they have not been challenged in cross-examinations? (Ontario, Canada)
Is a defendant required to bring a motion for security for costs at the earliest opportunity? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
