What is the current state of the law on affidavit of records?

Justice Veit, in Balogun v. Pandher 2003 ABQB 943, at paragraph 29, commented on the filing of an affidavit of records and noted that the fact that “medical treatments and diagnoses are not complete is no reason not to file what was available.” There is an obligation, she said, to keep the affidavit of records “evergreen” by filing supplemental affidavits when new materials come into the parties’ possession.

In Webber v. Canada (Attorney General) 2005 ABQB 718, the court found that the five year clock under rule 244.1 only started to run after the service of a supplementary affidavit of records, as it was a thing that materially advanced the action. In that case the supplementary affidavit had been filed and served three months after the original affidavit of records.