Is a statement in an affidavit filed on a motion that contains inadmissible hearsay or legal and factual argument best reserved to the factum?
Ontario, Canada
The following excerpt is from 1910878 Ontario Inc. v. 2551204 Ontario Inc., 2020 ONSC 3415 (CanLII):
I agree with and adopt the analysis of Perell J., in Gutierrez v. The Watchtower Bible and Tract Society of Canada, 2019 ONSC 3069, at para. 27, that a statement in an affidavit filed on a motion that contains inadmissible hearsay or legal and factual argument best reserved to a factum, may be struck out, in whole or in part, or disregarded.
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