Is there any case law supporting the assertion in an affidavit by counsel that the evidence in the affidavit is unique?
Ontario, Canada
The following excerpt is from Safeco Insurance Company of America v. Cecan, 2014 ONSC 2841 (CanLII):
In the result, the bald assertion in the applicant’s counsel’s affidavit is not sufficient to establish that the evidence is not otherwise available: Souileau v. Willer 2008 CanLII 76994 at para. 16 (2). There is no evidence in support of the statement by counsel in his affidavit that the information he asserts is in the possession of the respondents is unique.
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