In a matrimonial dispute, what is the obligation of parties to ensure that their affidavits do not contain hearsay, emotional reactions, or inflammatory statements?

British Columbia, Canada


The following excerpt is from M.A.V. v. E.K.M., 2016 BCSC 594 (CanLII):

In a number of decisions, this court has commented on the responsibility of parties to a matrimonial dispute to ensure that their affidavits do not contain hearsay, emotional reactions, embellishments, or inflammatory statements. For example, Justice Spencer said in Creber v. Franklin, [1993] B.C.J. No. 890: …affidavits should state the facts only, without stooping to add the deponent’s descriptive opinion of those facts. It should be left to argument to persuade the trier of fact what view he or she should take of them. For counsel to permit affidavits to be larded with adjectives expressing an opinion about the conduct of the other side contributes nothing to the fact finding process. On the contrary, it does a disservice. It exacerbates existing ill feeling. It pads the file with unnecessary material and it wastes the court’s time. (para. 19)

Other Questions


Does a party have an obligation to ensure that the signing party reads and understands the terms of a document? (British Columbia, Canada)
What is the test for a party to release a statement of intent in a dispute? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does a party to a matrimonial proceeding have a duty to disclose full financial disclosure to the other party? (British Columbia, Canada)
Does the police have an obligation to ensure that the arrested youth has access to counsel prior to giving a statement? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
When Baljit Singh swore his affidavit that the parties were not separated when Baljinder swore his May 4, 2015 affidavit, does he have to prove that they were separated? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.