Is the Sossin Affidavit necessary to include references to U.S. law?
New Brunswick, Canada
The following excerpt is from New Brunswick v. Imperial Tobacco Canada Limited, 2009 NBQB 131 (CanLII):
For the same reasons in support of my ruling regarding the Glenn Affidavit, I am of the view that the Sossin Affidavit should remain intact. It would be unfair to the Province to strike paragraphs 46 and 47 of the Sossin Affidavit while leaving intact the Glenn Affidavit and its references to U.S. law. Furthermore, the court is not bound by such expert evidence and is entitled to give it whatever weight it deems appropriate. See New Brunswick v. Rothmans Inc., supra, at para. 50.
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