How have the courts dealt with the contradictory nature of affidavits in a personal injury action?

As highlighted in the Ruling, the parties exchanged a total of 13 affidavits in the space of seven days, a mere five business days: at para. 32. The court found that much of the evidence was not relevant to the issues to be determined: at para. 3. The contradictory nature of the affidavits, on which there was no cross-examination, was also the subject of comment from the court. At para. 32, the court observed that the court was “faced with ‘the impossible task of attempting to assess the relative merits of parties who have filed numerous contradictory affidavits contradicting the affidavits of the other’: Kimpton v. Kimpton” (citation omitted).